In a Case where enquiry has been held independently of the criminal proceedings,acquittal in a criminal court of no help- High court of Patna
TITLE-Bhagwan Ram Vs The State of Bihar &ors.
Decided on-19/12/2023
+LPA No.322/2020
CORAM-HON’BLE JUSTICE MR.VIPUL M.PANCHOLI AND HON’BLE JUSTICE RUDRA PRAKASH MISHRA
FACT
As per the fact the petitioner on 21/06/1971 joined as a Government Teacher in primary school Dumrawan,Shahabad.Then FIR was lodged on 22/05/1978 for the offences punishable under section 302 of IPC against the petitioner and others and thereafter the petitioner was suspended vide order dated 29/05/1978 from his duty.As the Learned 4th Additional Sessions Judge on 18/12/1987 convicted the accused persons including the petitioner for the offences punishable under section 302/34 of IPC.Then petitioner preferred Cr.Appeal Against the said Judgement and order before the High Court then the petitioner was dismissed from the service on account of the conviction of the petitioner in the aforesaid criminal case.Petitioner therefore challenged the order of dismissal order which was disposed of by the learned Single Judge of this High Court.Petitioner has further stated that he would have superannuated from service on 28/02/2003 on account of his conviction in the aforesaid criminal case.It stated that this court dismissed the appeal preferred by the petitioner and thereby confirmed the conviction and sentence awarded by the concerned trial court to the petitioner.Then Petitioner challenged the order before the Supreme court were Supreme court set aside the conviction and sentence of the petitioner and acquitted him.Petitioner therefore made a representation before the concerned Respondent Authority and prayed that he may be paid full back wages as well as all the terminal benefits on account of the order of acquittal passed by the Hon’ble Supreme court.Again similar type of representation was made to the concerned Respondent Authority.As no reply was given by the Respondents and therefore the petitioner referred the caption petition before this court.The learned single Dismissed the said petition and therefore,the petitioner has preferred the present appeal.
Law Involved/Legal Provisions
The Present appeal has been filed by the appellant under clause X of the Letter Patent of Patna High Court against the oral Judgement rendered Learned single Judge.
Issue raised
Whether the order passed by the Learned single Judge is Valid
The Court analysis and decision
As per the Hon’ble court after hearing both the parties and submissions canvassed by the learned Advocate appearing for the parties observed and state that in a case where enquiry has been held independently of the criminal proceedings acquitted by a criminal court, domestic enquiry can be held, the reason being that the standard of proof required in a domestic enquiry and that in a criminal case are altogether different and also it can be said that mere acquittal by the criminal Court does not entitled delinquent fir exoneration in the disciplinary proceedings.Thus in the aforesaid case when the employees has worked for only a period of six years and as he was out of service since 1991 and in the meantime he had attained the age of superannuation,The Hon’ble Supreme court has directed for payment of lump sum compensation.As discussed hereinabove said that when the Respondent Authority has dismissed the petitioner only on account of order of Conviction and sentence passed by the concerned trial court against the petitioner without holding departmental inquiry and when the Supreme court has passed an order of acquittal of the Petitioner the question with regard to giving benefit of doubt or an honourable acquittal will not arise in the facts of the present case.Further when the petitioner had attained the age of superannuation in February 2003 and acquital order passed in the year 2017 there is no question of passing an order of reinstatement of the petitioner and that too during the pendency of the present proceedings when the petitioner has already expired.Accordingly the same is Quashed and set aside.As the order of dismissal is set aside,the petitioner is entitled to get all the retiral benefits except the back wages as observed hereinabove.In view of the aforesaid,the present appeal is partly allowed and impunged passed by the single Judge is set aside.As the order of dismissal is set aside,The Petitioner is entitled to get all the retiral benifits except the back wages.
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Written by- Prachee
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