Facts of the Case

The respondent, Ajit Singh, was a member of the Delhi Police against whom criminal proceedings were initiated on allegations of misconduct. During the pendency of the criminal case, departmental proceedings were also initiated against him under the Delhi Police disciplinary framework.

Subsequently, the criminal trial concluded and the respondent was acquitted after a full appreciation of evidence, with the court holding that the prosecution had failed to prove the charges against him.

Despite the acquittal, the disciplinary proceedings were sought to be continued against the respondent. Aggrieved by this action, the respondent approached the Central Administrative Tribunal (CAT) seeking relief against the continuation of the departmental proceedings.

The Tribunal allowed the respondent’s application and quashed the departmental proceedings, directing his reinstatement in service. The Delhi Police authorities challenged this order before the Delhi High Court.

 

Issues Involved

  1. Whether departmental proceedings can continue against a police officer after his acquittal in a criminal case based on the same set of allegations.
  2. Whether Rule 12 of the Delhi Police (Punishment & Appeal) Rules, 1980 prohibits disciplinary proceedings when the criminal court has acquitted the employee on merits.

 

Petitioner’s Arguments

  • Departmental proceedings and criminal trials operate in different fields, and therefore disciplinary action can continue even if the accused is acquitted in a criminal case.
  • The standard of proof in disciplinary proceedings is different from criminal trials, and thus acquittal does not automatically bar departmental action.
  • The Tribunal erred in interfering with the disciplinary process and directing reinstatement of the respondent.

 

Respondent’s Arguments

  • The criminal court had acquitted him after examining the entire evidence, which clearly established that the allegations were not proved.
  • The departmental proceedings were based on the same facts and evidence as the criminal case, and therefore continuation of such proceedings would be unjustified.
  • Under Rule 12 of the Delhi Police (Punishment & Appeal) Rules, 1980, when a police officer is honourably acquitted and the charges are not proved, disciplinary proceedings cannot be sustained.

 

Court Findings

  • The respondent had been acquitted in the criminal case after a full evaluation of evidence, indicating that the prosecution failed to establish the charges.
  • The disciplinary proceedings were founded on the same set of allegations that were examined in the criminal trial.
  • In such circumstances, Rule 12 of the Delhi Police (Punishment & Appeal) Rules, 1980 becomes applicable.

 

Court Order

  • Quashed the departmental proceedings, and
  • Directed reinstatement of the respondent in service.

 

Important Clarification by the Court

  • Departmental proceedings may continue even after acquittal only when the acquittal is not on merits, such as acquittal due to technical reasons or benefit of doubt.
  • However, when the acquittal is based on a comprehensive evaluation of evidence showing that the charges were not proved, disciplinary proceedings on the same allegations cannot continue under Rule 12 of the Delhi Police (Punishment & Appeal) Rules, 1980. 

Link to download the order - https://delhihighcourt.nic.in/app/showFileJudgment/RAS05012024CW165242022_114311.pdf

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