KHURSHID AHMAD Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) What would be the fate and effect of acquittal of an employee in a criminal proceedings, who is dismissed from service on the basis of the same very allegations by a Disciplinary Authority after having been charge-sheeted and on the basis of a finding by disciplinary enquiry ? This question offenly is raised and has been subject matter of adjudication one way or the other. The same question is raised in the present writ petition by the petitioner, who was a Constable working in the Police Department, where he has joined on 7.11.2003.

(2.) On 6.8.2005, an FIR under Section 354, 376 (2)(g) IPC and 3(xi) of the SC/ST Act was registered against the petitioner. This FIR was lodged by one girl named Papli, who complained that she was raped by 7 accused persons between 31.7.2005 and 5.6.2008. The petitioner would term this FIR to be a false one and registered at the behest of person who carried a grudge against his father and, thus, to be a concocted story.

(3.) The petitioner was tried for this offences as mentioned in the FIR and was acquitted on 14.2.2006. It appears that simultaneously departmental proceedings were also initiated against the petitioner. Statements of various witnesses were recorded, including that of Papli Devi. As per the petitioner, all the witnesses, except Papli Devi, were recorded in his absence. The petitioner would further say that though none of the witnesses have supported the case against him, yet the Enquiry Officer has held the charges proved, on the basis of which, Superintendent of Police, Faridabad, served a show cause notice on him on 2.11.2006. The petitioner submitted detailed reply, pleading his false implication due to party faction. He also pleaded the ground of his acquittal to show that allegations against him were not established. Despite this, Superintendent of Police, Faridabad, on 16.11.2006, passed an order, dismissing the petitioner from service. The petitioner thereafter filed an appeal before Inspector General of Police on 11.12.2006. The same was dismissed on 9.4.2007. The petitioner then filed a revision before Director General of Police, which has been dismissed on 5.1.2009. He has, therefore, filed the present writ petition to challenge the order of his dismissal.