NIRDOSH KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) An incident took place in the night of 29/30 August, 2004 wherein the petitioner in the course of his duty met with an accident with a Maruti Car while driving his motorcycle as a result of which, the petitioner fired from his official rifle injuring one occupant in the car, who eventually succumbed to his injuries in the hospital. On the basis of this incident, an F.I.R. was lodged against an unknown police officer and subsequently, upon investigation the petitioner's name surfaced and he was charge sheeted. On the otherhand, disciplinary proceedings were initiated against the petitioner on the charge that he had misused his post and had unlawfully used his rifle, which has tarnished the image of the police force. On the basis of this charge, a domestic inquiry proceeding was initiated and, after collecting the evidence, the inquiry officer submitted a report holding that the charge against the petitioner stood proved. The disciplinary authority issued a show cause notice and, after considering the reply, passed an order of dismissal. The petitioner, being aggrieved, filed an appeal, which was dismissed. The petitioner thereafter filed a revision, which met the same fate. The petitioner has now filed the present writ petition.

(2.) During the pendency of the writ petition, the petitioner was acquitted by the Criminal Court, by a judgment dated 3.5.2001, which has been brought on record.

(3.) In view of the acquittal, the contention of the petitioner is, that since the departmental proceedings and criminal proceedings were based on identical or same set of facts and the petitioner has been acquitted by a Criminal Court, consequently, the impugned order of dismissal and further the appellate and the revisional orders are liable to be set aside and the petitioner is liable to be reinstated.