VIJAY TRIPATHI Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed against the order dtd. 28/6/2016 passed by the Superintendent of Police, Satna in File No.SP/Satna/Steno/DE/08/2016 by which the petitioner has challenged the charge-sheet as well as departmental enquiry against him.

(2.) It is the case of the petitioner that on 14/5/2016 S.P.E. (Lokayukt) prepared a trap and the petitioner along with Head Constable 279 Dadan Singh and Constable 509 Mukesh Dwivedi were made accused in Crime No.153/2016 for offences under Sec. 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act. The allegation against the petitioner was that he was a part of conspiracy in taking bribe. It is submitted that on 28/6/2016 departmental charge-sheet has been issued which is based on vague charges. Without considering the reply submitted by the petitioner, an Enquiry Officer and Presenting Officer cannot be appointed by order dtd. 19/7/2016 and accordingly the charge-sheet and the departmental enquiry has been challenged.

(3.) It is submitted by counsel for the petitioner that during the pendency of this writ petition, the petitioner was acquitted in criminal case by judgment dtd. 16/12/2021 passed by Special Judge (Prevention of Corruption Act) Satna in S.C.Lok-02/2018. Since the charges in the departmental enquiry were leveled on the basis of criminal prosecution of the petitioner, and as the petitioner has been acquitted, therefore, the departmental enquiry should be dropped. It is further submitted that since the complainant had turned hostile in the criminal trial, therefore, the petitioner cannot be held guilty in the departmental enquiry.