ASHWANI KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of :

(2.) The petitioner in 1990 joined Punjab Police as Constable. He was promoted to the post of Head Constable. An FIR No.51 dtd. 7/10/2008, under Ss. 323/324/452/427/148/149 of IPC at Police Station Purana Shala, District Gurdaspur was registered against the petitioner. The respondent-department initiated departmental enquiry against the petitioner and vide order dtd. 13/1/2009, he was placed under suspension. The respondent vide order dtd. 27/3/2009 revoked suspension order. The petitioner filed reply to departmental charge-sheet and respondent, vide order dtd. 28/12/2010, ordered to forfeit three increments from his permanent service. The petitioner preferred an appeal before appellate authority which came to be dismissed vide order dtd. 29/9/2015. The trial Court vide order dtd. 25/7/2014 acquitted the petitioner from all charges levelled in the FIR. The petitioner preferred revision against the departmental punishment which also came to be dismissed vide order dtd. 2/5/2017.

(3.) Learned counsel for the petitioner submits that as per Rule 16.3 of Punjab Police Rules, 1934 (for short '1934 Rules'), the petitioner could not be departmentally punished because he has been acquitted in the criminal trial. The foundation of departmental proceedings and criminal trial was same. The evidence led by department in criminal as well as departmental proceedings were same, thus, he could not be punished in view of his acquittal in the criminal trial.