Consider clause on withdrawing proceedings on acquittal: Punjab and Haryana High Court

Saurabh Malik

Chandigarh, November 8

In a significant ruling, the Punjab and Haryana High Court has directed the authorities concerned to take into consideration a provision in the Punjab Police Rules, which stipulate the withdrawal of departmental proceedings if an employee is acquitted in criminal proceedings.

The direction came after the high court took cognisance of “so many matters” before it where departmental and criminal proceedings were pending against the police officials.

The ruling by Justice Jagmohan Bansal of the high court came on a petition filed by a head constable against the state of Punjab and other respondents for setting aside of orders, whereby he was punished and his appeal, as well as review application, was dismissed.

Appearing before the Bench on the petitioner’s behalf, counsel Mansur Ali and Tushaar Madaan for advocate Amarpreet K Kooner at the outset submitted that the departmental proceedings were to be withdrawn if an employee was acquitted in the criminal proceedings as per Rule 16.3 of the Punjab Police Rules.

Justice Bansal observed the petitioner was subjected to departmental as well as criminal proceedings. But was acquitted vide judgment dated October 28, 2017, passed by the trial court. The department, too, accepted the judgment. The petitioner’s review application filed after being acquitted by the trial court was, however, dismissed without considering Rule 16.3 even though he specifically referred to it.

Faced with the situation, the state counsel submitted that the reviewing authority-Additional Deputy General of Police, Law and Order, would reconsider the review application before passing a fresh order after considering Rule 16.3. Taking a note of the submission, Justice Bansal disposed of the plea with a direction to the reviewing authority to pass a fresh order within three months.