CHANDIGARH POLICE INSPECTOR GENERAL OF POLICE, POLICE HEADQUARTERS Vs. CENTRAL ADMINISTRATIVE TRIBUNAL, CHANDIGARH BENCH AND ORS.

JUDGEMENT

(1.) De novo inquiry ordered by the Senior Superintendent of Police, U.T., Chandigarh as against the 2 nd respondent in the aftermath of the acquittal recorded in the criminal case faced him and the inquiry report exonerating him from the charges was challenged before the learned Central Administrative Tribunal, Chandigarh Bench. The learned Tribunal quashed the impugned order passed by the Disciplinary Authority directing de novo inquiry as against the 2 nd respondent. The Chandigarh Police through Inspector General of Police has challenged the said order passed by the learned Tribunal.

(2.) The 2nd respondent, who was serving as an Inspector under the petitioner faced trial in a case under Sections 147, 148, 149, 342, 382 and 506 of the Indian Penal Code. He was acquitted of the above charges in the trial conducted by the Criminal Court. Departmental inquiry was initiated as against the 2 nd respondent. Sh. R.C. Meena was appointed as an Inquiry Officer, who submitted a report on 13.12.2013 exonerating the 2 nd respondent from the charges. The Disciplinary Authority passed an order on 24.2.2014 directing de novo inquiry as against the 2nd respondent.

(3.) It was contended by the counsel for the petitioner citing Rule 16.3 of Punjab Police Rules, 1934 and the judgment of acquittal recorded by the competent Criminal Court that the petitioner has rightly initiated disciplinary proceedings as against the 2 nd respondent. As an exceptional circumstance to initiate proceedings has arisen on account of the fact that material prosecution witness had been won over during the course of criminal trial, the decision taken by the Disciplinary Authority cannot be upset in the guise of judicial review, it was further submitted on the side of the petitioner.