CWP No.967 of 2006 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CASE NO.: CWP No.967 of 2006 DATE OF DECISION: April 10, 2008 BAKHSHISH SINGH ...PETITIONER VERSUS STATE OF PUNJAB & OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. PRESENT: MR. D.S. PATWALIA, ADVOCATE FOR THE PETITIONER. MR. YATINDER SHARMA, DAG, PUNJAB. ASHUTOSH MOHUNTA, J.(ORAL) The petitioner has prayed for quashing the order dated 16.1.1999 (Annexure P-5) vide which he was dismissed from service as a Constable. The petitioner joined as a Constable on 11.9.1975, in the Punjab Armed Police (PAP), Jalandhar. While the petitioner was serving as a Constable, an FIR No.11 dated 11.1.1995, was registered against the petitioner at Police Station Sadar Jalandhar under Section 420, 170 IPC. Although the petitioner was acquitted under Section 170 IPC, however, he was convicted under Section 420 IPC and was sentenced to undergo rigorous imprisonment of one year and to pay a fine of Rs.300/-. Against the order dated 17.5.1997, the petitioner preferred appeal before the Addl. District & Sessions Judge which was dismissed on 2.8.2002. Against the aforementioned orders, the petitioner filed Crl.R. No.1931 of 2002 which was allowed vide judgement dated 27.10.05 CWP No.967 of 2006 -2- (Annexure P-3). While allowing the revision, judgements of the Courts below were set aside and the petitioner was acquitted of the charges. The acquittal of the petitioner was primarily on account of compromise arrived at between the parties. Mr. D.S. Patwalia, counsel for the petitioner contends that as per Rule 16.3 of the Punjab Police Rule, in case a police officer has been tried and acquitted by the criminal court then he shall not be punished departmentally on the same charge or on different charge, unless the criminal charge has failed on technical grounds. Learned counsel contends that once the petitioner has been acquitted of the charges under Section 420 IPC, he has to be reinstated in service. Learned counsel further submits that even if it is taken for the sake of arguments that acquittal of the petitioner was on technical grounds then still as per Rule 16.3 of the Punjab Police Rules, he can only be punished by holding a regular departmental enquiry which has not been held in the present case and hence the impugned orders (Annexure P-5 and P-8) are liable to be quashed. Counsel for the State has controverted the arguments raised on behalf of the petitioner. Learned counsel submits that the petitioner has impugned the order (Annexure P-5 and P-8) by filing CWP No.10931 of 2003, which has been disposed off vide order dated 18.7.2003, and therefore, the same orders cannot be impugned by the petitioner in this writ petition. We have heard the counsel for the parties at length. A perusal of Annexure P-3 shows that the petitioner has been acquitted by this Court as a compromise had been arrived at between the petitioner and the complainant. Thus, ordinarily the petitioner has to be reinstated in service. CWP No.967 of 2006 -3- However, even if said acquittal can be said to be technical in nature still the respondents would have to follow the provisions of Rule 16.3 of the Punjab Police Rules and conduct departmental proceedings against the petitioner before arriving at the finding whether the petitioner is guilty of the offence of cheating or not. In the absence of any enquiry conducted by the State, the orders (Annexure P-5 & P-8) cannot be sustained. In view of the fact that the petitioner has been acquitted by this Court vide Annexure P-3, therefore, we quash the orders (Annexures P-5 & P-8) and direct the respondents to reinstate the petitioner in service with continuity of service. The petitioner who is present in Court has stated that he does not press his claim with regard to monetary benefits with regard to the arrears. However, the respondents would be at liberty to initiate departmental proceedings against the petitioner in case it is held that the acquittal of the petitioner was on technical grounds. (ASHUTOSH MOHUNTA) JUDGE April 10, 2008 (KANWALJIT SINGH AHLUWALIA) Gulati JUDGE