When Police Search Both The Bag And The Body, Section 50 NDPS Cannot Be Bypassed: Supreme Court Settles The Boundaries Of A Critical Safeguard Police Cannot Offer A Third Option During NDPS Search: Supreme Court Upholds Acquittal In 11 Kg Charas Case, Holds Section 50 Violation Vitiates Entire Trial Supreme Court Holds Employer Group Insurance Has No Connection With Accidental Death, Cannot Be Set Off Against Motor Accident Compensation Graduating Shouldn't Be A Punishment: Supreme Court Restores Rights Of Anganwadi Workers Denied Supervisor Posts For Being Over-Qualified Trustee Who Diverts Sale Proceeds of Charitable Trust Is an 'Agent' Under Section 409 IPC, Not Exempt From Criminal Breach of Trust: Bombay High Court AFGIS Is 'State' Under Article 12: Supreme Court Reverses Delhi High Court, Restores Writ Petitions of Air Force Insurance Society Employees Delhi High Court Issues Landmark Directions Against Repeated Summoning of Child Victims, Insistence on Presence During Bail Hearings In POCSO 'Accidental Injury' in Hospital Records, All Eye-Witnesses Hostile: Gujarat High Court Acquits Men Convicted for Culpable Homicide After 35 Years Medical Condition Alone Cannot Dilute the Statutory Embargo Under Section 37 NDPS Act: Himachal Pradesh High Court Pre-emption Cannot Wait for Registration When Possession Has Already Changed Hands: Punjab & Haryana High Court Strikes Down Time-Barred Claim Listing a Case for Evidence Is Not Commencement of Trial: Madhya Pradesh High Court Allows Amendment of Plaint in Insurance Dispute Forgery Accused Cannot Be Declared 'Proclaimed Offender': Punjab and Haryana High Court Draws Critical Distinction Between 'Proclaimed Person' and 'Proclaimed Offender' A Two-Line Ex Parte Judgment Is No Judgment In The Eye Of Law: Madras High Court Declares Decree Inexecutable What Was Not Claimed Then Cannot Be Claimed Now: Calcutta High Court Applies Constructive Res Judicata to Bar Second Partition Suit Unregistered Family Settlement Creates No Rights in Immovable Property: Delhi High Court Rejects Brother's Ownership Claim Police Must Protect Lawful Possession When Civil Court Decree Is Defied: Kerala High Court Upholds Purchase Certificate Holder’s Rights Over Alleged Temple Claim One Mark Short, No Right to Appointment: Patna High Court Dismisses Engineer's Claim to Vacancies Left by Non-Joining Candidates Bombay High Court Binds MCA to Arbitration as "Veritable Party" in T20 League Dispute Silence in the Witness Box Can Sink Your Case: ‘Non-Examination Leads to Presumption Against Party’ — Andhra Pradesh High Court Sale Deed Holder With Registered Title Prevails Over Claimant Under Mere Agreement To Sell: Karnataka High Court Candidate With 'Third Child' Disqualification Cannot Escape Consequence By Avoiding Cross-Examination: Supreme Court

Rajasthan High Court Reinstates Constable Dismissed for Alleged Forged Certificate: Acquittal in Criminal Case Overrules Dismissal

07 May 2024 8:19 AM

By: Admin


High Court quashes dismissal, orders reinstatement with all consequential benefits citing lack of evidence and non-speaking orders by disciplinary authorities.

The High Court of Judicature for Rajasthan has overturned the dismissal of Constable Shri Sunder Pal, who was removed from service in 1996 for allegedly submitting a forged educational certificate. The court emphasized that the disciplinary authorities failed to provide substantial evidence and ignored key objections raised by the petitioner. The judgment, delivered by Hon’ble Mr. Justice Ganesh Ram Meena, mandates the reinstatement of the petitioner with all consequential benefits.

The case revolved around the dismissal of Shri Sunder Pal, a constable with the Rajasthan Armed Constabulary (RAC), who was accused of submitting a forged transfer certificate to alter his date of birth. Initially appointed on December 23, 1981, he was removed from service on October 17, 1996. Despite being acquitted by the criminal court on similar charges, the departmental proceedings continued to hold him guilty, leading to his appeal in the High Court.

The court noted that the disciplinary authorities did not summon key witnesses or provide necessary documents to the petitioner. The absence of a proper inquiry into the alleged forgery significantly weakened the disciplinary actions. Justice Meena observed, “The evidence of the Head of the Institution from where the alleged transfer certificate was issued was not collected. This evidence was crucial and the failure to obtain it invalidated the disciplinary process.”

Justice Meena highlighted the difference in standards of proof between criminal and departmental proceedings. However, he emphasized that an acquittal in a criminal case based on the same facts should impact the validity of departmental actions, especially when the latter lacked substantial evidence. “When in a criminal case based on same facts the petitioner has been acquitted by the Competent Court, the penalty imposed upon the petitioner by the respondents on same facts and allegations stated to be proved, is not sustainable,” the court stated.

The judgment criticized the disciplinary and appellate authorities for issuing non-speaking orders, which did not address the objections and defenses raised by the petitioner. “The order of the Disciplinary Authority is a cryptic and innocuous order… the objections raised by the petitioner in response to the show-cause notice have not been dealt with,” noted Justice Meena.

The court reiterated the importance of reasoned orders in disciplinary actions. It found that the dismissal and appellate orders were arbitrary and lacked substantive justification. The disciplinary authority failed to provide evidence of forgery and ignored critical objections, such as the petitioner’s request for change of defense counsel and the failure to summon defense witnesses. “In service jurisprudence, the burden to prove the alleged charges lies upon the respondents and not that he has to prove his innocence,” Justice Meena emphasized.

Justice Meena remarked, “The respondents have failed to prove the charges leveled against the petitioner for adducing or collecting the material evidence. The impugned order dated 17.10.1996 and the order dated 31.03.1997 are non-speaking, illegal, and arbitrary.”

The High Court’s decision to quash the dismissal and order reinstatement underscores the necessity of evidence-based and reasoned disciplinary actions. This judgment reinforces the legal principle that departmental proceedings must be conducted with due diligence and fairness. The ruling is expected to have a significant impact on future disciplinary actions within the police services and beyond, emphasizing the judiciary’s role in upholding justice and procedural integrity.

 

Date of Decision: July 01, 2024

Shri Sunder Pal vs. State of Rajasthan and Ors.

Latest Legal News