DHARAMVEER SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner seeks quashing of the order dated 25.11.2013 (Annexure P-4), whereby the departmental inquiry has been initiated against him for conducting second marriage with Smt. Mukesh @ Krishana without giving divorce from his first wife Smt. Om Lata and one Shri Om Parkash was appointed as Enquiry Officer.

(2.) The quashing is sought on the ground that it is violative of Rule 16.3 of the Punjab Police Rules, 1934, which bars departmental inquiry after acquittal in criminal case, apart from the fact that he was exonerated earlier in the departmental inquiry conducted on the same facts.

(3.) The petition is liable to be allowed on two grounds; firstly on an earlier occasion a regular departmental inquiry has been initiated in which charge could not be proved against the petitioner, which would be clear from the letter dated 24.04.1998 (Annexure P-1). Similarly on the second ground, admittedly the petitioner has been acquitted by the Criminal Court in FIR No.107 dated 11.06.1999 on 03.07.2009 (Annexure P-2) before the initiation of the inquiry proceedings vide the impugned order. It is not disputed that even an appeal filed by the State has been dismissed on 31.10.2014 during the pendency of the present writ petition, certified copy of which order is taken on record as Annexure P-9.