Acquittal cannot stop departmental action’
By Express News Service | Published: 27th November 2016 02:18 AM |
Last Updated: 27th November 2016 02:18 AM | A+A A- |
CHENNAI: Departmental action can go ahead even if a criminal court acquits a government servant from the charges, the Madras High Court has ruled.
Acquittal by a trial court does not itself provide any immunity to the delinquent employee, the second bench of Justices Huluvadi G Ramesh and V Parthiban said last week, while passing orders on an appeal from the DGP challenging an order of a single judge setting aside the dismissal of a constable for alleged involvement in criminal activities.
Ivarkula Raja was recruited as Grade II Constable in the State police in 1993. While posted in Washermanpet police station, he was suspended on August 12, 2004, on the charge of leaving the headquarters without permission and for his alleged involvement in a robbery. After a detailed enquiry, he was removed from service on April 24, 2006. As the appeals made by him before his higher officials was turned down, he moved the High Court. Accepting his submissions that when a trial court has acquitted him from all the charges, including robbery, the departmental action removing him from service could not hold good, a single judge observed and quashed the dismissal order. Aggrieved, the DGP preferred the present appeal.
It is pertinent to note that it was because of the failure on the part of the prosecution to prove its case beyond all reasonable doubt, the trial court had acquitted the constable. Moreover, it is settled law that acquittal in criminal case would not be an impediment to proceed against a delinquent departmentally. He had already faced departmental action for bigamy, even after that instead of mending his ways, he was found involved in graver misconduct, the bench added.
However, considering a plea from his counsel to reduce the punishment as he was the only bread winner of the family, the HC modified the dismissal order into compulsory retirement.
By Express News Service | Published: 27th November 2016 02:18 AM |
Last Updated: 27th November 2016 02:18 AM | A+A A- |
CHENNAI: Departmental action can go ahead even if a criminal court acquits a government servant from the charges, the Madras High Court has ruled.
Acquittal by a trial court does not itself provide any immunity to the delinquent employee, the second bench of Justices Huluvadi G Ramesh and V Parthiban said last week, while passing orders on an appeal from the DGP challenging an order of a single judge setting aside the dismissal of a constable for alleged involvement in criminal activities.
Ivarkula Raja was recruited as Grade II Constable in the State police in 1993. While posted in Washermanpet police station, he was suspended on August 12, 2004, on the charge of leaving the headquarters without permission and for his alleged involvement in a robbery. After a detailed enquiry, he was removed from service on April 24, 2006. As the appeals made by him before his higher officials was turned down, he moved the High Court. Accepting his submissions that when a trial court has acquitted him from all the charges, including robbery, the departmental action removing him from service could not hold good, a single judge observed and quashed the dismissal order. Aggrieved, the DGP preferred the present appeal.
It is pertinent to note that it was because of the failure on the part of the prosecution to prove its case beyond all reasonable doubt, the trial court had acquitted the constable. Moreover, it is settled law that acquittal in criminal case would not be an impediment to proceed against a delinquent departmentally. He had already faced departmental action for bigamy, even after that instead of mending his ways, he was found involved in graver misconduct, the bench added.
However, considering a plea from his counsel to reduce the punishment as he was the only bread winner of the family, the HC modified the dismissal order into compulsory retirement.
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