RAMPHAL AHIRWAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present petition has been filed under Article 226 of the Constitution of India seeking the following reliefs :-

(2.) It is the case of the petitioner that the petitioner was appointed as Constable in the Police Department and was working in Police Lines, Rewa. It is alleged that on 10/6/2017 at around 12.00 pm, the petitioner had threatened the prosecutrix on the point of knife when she refused to remove her scarf while travelling in an Auto. On the complaint of the prosecutrix, crime was registered against the petitioner at Police Station Civil Lines, Rewa vide Crime No.376/2017 for the offence under sec. 294, 323, 506 of IPC and 25-B of the Arms Act. Departmental enquiry was also initiated against the petitioner and charges were framed against him. In the said departmental enquiry, the charges were found to be proved against the petitioner vide enquiry report dtd. 2/5/2018 (annexure P/6). The reply to the notice was filed by the petitioner vide his application dtd. 23/5/2018. However, vide order dtd. 6/6/2018 the S.P. Rewa dismissed the petitioner from service finding that all the charges levelled against the petitioner are proved.

(3.) Learned counsel for the petitioner contended that the petitioner has been acquitted by the competent trial court having jurisdiction and the judgment of acquittal has been brought on record by filing an application I.A.No.10820/2023. It is submitted that as the petitioner has been acquitted on the same set of charges as in the departmental enquiry, therefore, the punishment of termination from service passed vide order dtd. 6/6/2018 (annexure P/4) be quashed, thereafter the order passed in appeal dtd. 5/12/2018 (annexure P/2) and the order dtd. 16/4/2019 (annexure P/1) passed in mercy appeal be also quashed. Counsel for the appellant has placed reliance upon the judgment passed by the Hon'ble Apex Court in the case of S. Bhaskar Reddy v. Supt. of Police, (2015) 2 SCC 365, to state that once the delinquent has been acquitted honourably by the competent criminal court then the same is required to be taken note of in the departmental proceedings and accordingly, such punishment order passed in the departmental enquiry deserves to be quashed. In both the cases charges were the same and the petitioner has got clean acquittal in the criminal court, therefore, as per the law laid down by the Hon'ble Apex court in the case of S.Bhaskar Reddy (supra), the termination order passed against the petitioner be quashed.