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| Criminal Trial Outcome Doesn't Bind Departmental Proceedings: DB | | | Early Times Report
JAMMU, Aug 26: The High Court of Jammu & Kashmir and Ladakh at Jammu has upheld the dismissal of CRPF constable Gautam Ray, reiterating that an acquittal in a criminal trial does not automatically protect a delinquent employee from departmental action.
Ray, serving with the 5th Battalion CRPF, was accused of firing his SLR rifle at Assistant Commandant Mohd Israil in May 1992, leading to his death. Although acquitted of murder charges under Section 302 RPC by a criminal court in 1998, the CRPF ordered fresh disciplinary proceedings in 2002. Following an inquiry, he was dismissed on September 13, 2003 under Section 11(1) of the CRPF Act, 1949 for misuse of arms and ammunition.
Appearing for the appellant, Mr. Rakesh Sharma, Advocate, argued that the dismissal violated Rule 27(ccc) of the CRPF Rules, 1955, which restricts departmental action after acquittal without sanction of the Inspector General. He also contended that no Presenting Officer was appointed during inquiry, causing serious prejudice to the appellant.
On the other hand, Mr. Vishal Sharma, DSGI, representing the Union of India, maintained that the charges in departmental inquiry were distinct from the criminal trial and that full opportunity was provided to the appellant to defend himself.
A Division Bench comprising Chief Justice Arun Palli and Justice Rajnesh Oswal rejected the appeal, observing: "Acquittal in a criminal case by itself cannot be a ground for interfering with an order of punishment imposed by the disciplinary authority.
The Court also held that absence of a Presenting Officer does not by itself vitiate proceedings, as long as the delinquent employee is allowed to cross-examine witnesses and present a defence.
Holding that the inquiry was conducted in accordance with law and finding no procedural irregularity, the Bench dismissed the appeal. The writ court's order upholding dismissal was sustained, reaffirming that departmental proceedings remain independent of criminal trial outcomes. (JNF) |
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