BHIM SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order delivered by the learned Single Judge in a Writ Petition (Civil) No. 7878 of 2012 dated 9.7.2013 whereby the writ petition preferred by this appellant has been dismissed.

(2.) Brief Facts of the case are as under:

(3.) It is submitted by the learned counsel appearing for appellant that the learned Single Judge has failed to appreciate that for the charges levelled against this appellant on criminal side, there is acquittal and for the same charges no departmental proceeding can be initiated. It is further submitted that this appellant has already been acquitted from the criminal charges by the competent criminal trial court and hence conclusion arrived at in the departmental proceeding deserves to be quashed/set aside. The Respondent-Union of India could not establish the charges levelled against this appellant and this aspect of the matter has not been properly appreciated by the learned Single Judge, and hence the judgment and order passed by the learned Single Judge in a Writ petition(Civil) No. 7878 of 2012 deserves to be quashed/set aside. It is further submitted by the learned counsel for the appellant that there is no dereliction of duty on the part of this appellant and he was in service since last 26 years and not a single occasion, any charge sheet has been submitted nor any misconduct is ever been committed by this appellant, and therefore also, the judgment and order passed by the learned Single Judge in a writ petition No. 7878 of 2012 deserves to be quashed/set aside.