The Madhya Pradesh High Court has dismissed the appeal of an Assistant Sub Inspector of Police who challenged the order terminating him from service, holding that acquittal in a criminal case does not prevent an employer from conducting separate departmental proceedings and imposing service penalties. The Division Bench comprising Justice Anand Pathak and Justice Anil Verma reaffirmed the well-established legal position that criminal and departmental proceedings serve distinct purposes, operate under separate legal frameworks, and can yield different outcomes even where they arise from the same set of facts. The appellant had sought judicial intervention against the decision of the departmental authorities to dismiss him from his post following a departmental inquiry, contending that since he had been acquitted by the Sessions Court in the underlying criminal case, the departmental action should not stand. The High Court rejected this contention, noting that the acquittal was not an honourable acquittal and that many prosecution witnesses had turned hostile, resulting in the benefit of doubt being extended to the appellant. Despite the acquittal, the departmental authority was entitled to independently assess the conduct of the police officer in accordance with service rules.
The facts of the case reveal that on the night of May 7 and 8, 2011, the appellant along with other police personnel allegedly de-boarded a complainant from the Rajdhani Express train and abducted him, subsequently looting approximately four kilograms of gold from him, leading to criminal charges for kidnapping, robbery and acts committed in furtherance of a common intention. A criminal case was registered and, after trial, the Sessions Court acquitted the appellant and his co-accused. Separately, a departmental inquiry was initiated by police authorities to examine alleged misconduct and dereliction of duty. During this inquiry, charges were framed, evidence was collected and witnesses were examined. Upon conclusion of the departmental proceedings, the competent authority found the appellant guilty of serious misconduct and imposed the penalty of dismissal from service. The appellant’s mercy petition against termination was dismissed at the appellate level within the service hierarchy.
Dissatisfied with the outcome of the departmental process, the Assistant Sub Inspector filed a writ petition in the High Court seeking quashment of the termination order. In his writ challenge, he argued that certain evidentiary items, including a certificate under Section 65B of the Indian Evidence Act and CCTV footage, should have been excluded from consideration in the departmental proceedings and that the writ court below erred in upholding the dismissal. The High Court scrutinised the contentions and emphasised that the scope of inquiry at the departmental stage differs from a criminal trial, and an acquittal based on benefit of doubt in a criminal case does not ipso facto preclude the disciplinary authority from taking action if the officer’s conduct is found wanting in a departmental context. The Court observed that departmental proceedings are designed to uphold public service discipline and internal standards of conduct, and the burden of proof and legal tests applicable in such proceedings differ from criminal standards.
In rejecting the appellant’s arguments, the High Court upheld that the departmental inquiry had been conducted with procedural fairness and that the appellant was afforded adequate opportunity to present his defence, to file written statements, and to cross-examine witnesses. The observed statements of witnesses were supported by documentary evidence, and there was no indication that the principles of natural justice were violated in the course of the inquiry. The Court reiterated that an employer’s power to enforce discipline under service rules carries legitimate and independent application beyond the outcome of criminal adjudication, and as such, merely being acquitted by a criminal court would not automatically invalidate service action taken on separate grounds.
The judgment underscores the distinction between criminal liability and service accountability, affirming that an officer’s responsibilities under service rules include maintaining public trust and adherence to conduct standards that may, in certain scenarios, justify disciplinary measures even if criminal charges do not result in conviction. The High Court concluded that the appellant failed to demonstrate any arbitrariness or illegality in the decision-making process of the departmental inquiry or the order of dismissal, and thus his appeal lacked merit. Consequently, the High Court dismissed the appeal and upheld the termination order, reinforcing the principle that departmental proceedings remain a valid and distinct mechanism for maintaining discipline within the police force, irrespective of outcomes in related criminal proceedings.
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