High Court of Delhi Modifies Disciplinary Punishment Based on “Honorable Acquittal” in Criminal Case
In a recent judgment delivered on July 24, 2023, the High Court of Delhi modified the disciplinary punishment imposed on police constables and head constables of the Delhi Police. The Court based its decision on the “honorable acquittal” of the accused in a criminal case, wherein the prosecution failed to prove the charges beyond a reasonable doubt.
The case revolved around an incident in which an undertrial prisoner escaped from police custody during transit to a court hearing in 2007. Disciplinary proceedings were initiated against the police officers, resulting in the imposition of a punishment of forfeiture of ten years of approved service by the Disciplinary Authority.
Subsequently, the Appellate Authority reduced the punishment to five years of forfeiture on a permanent basis. The respondents then challenged this punishment in original applications (OAs) in 2010, but the Tribunal dismissed their OAs in 2011.
The turning point in the case came when the respondents were acquitted by the criminal court in 2012 due to the prosecution’s failure to present sufficient evidence to prove the charges against them. Relying on the Supreme Court’s definition of “honorable acquittal,” the High Court recognized the respondents’ acquittal as honorable, given the prosecution’s inability to establish guilt beyond a reasonable doubt.
Considering the passage of time since the initiation of the disciplinary proceedings and various rounds of litigation, the Court found that modifying the punishment to forfeiture of five years of approved service on a temporary basis was just and proportionate.
In its judgment, the High Court emphasized the significance of “honorable acquittal” and the authority of the Tribunal to modify punishments based on such acquittals. The Court held that the Tribunal’s decision was in accordance with the principles of justice and fairness, making the modification of punishment justified.
High Court dismissed the writ petition challenging the Tribunal’s order and vacated the interim order that had stayed the impugned order. The Court made no order regarding costs.
Date of Decision: July 24, 2023
GOVT OF NCT OF DLEHI & ORS vs NIHAL SINGH & ORS.
