Acquitted in criminal case but departmental enquiry is still ongoing. Despite being acquitted in a criminal case, a departmental inquiry is still underway against me. The dispute arose from the checking of vehicles used for transporting contraband psychotropic substances. An officer from the regional office planted a false story to implicate me in the case, leading to both a departmental inquiry and a criminal case being instituted against me.
The higher officer deliberately delayed the departmental inquiry with the intention of involving me in the false case. Fortunately, I was acquitted in the criminal case. However, when I approached the department to drop the departmental inquiry, they refused to do so. In this situation, I may be able to file a case against the department.
The law is clear that the mere quashing of an FIR or the acquittal of an employee in a criminal case does not affect a disciplinary inquiry. The two proceedings serve different purposes. The Supreme Court has established in various judgments that it is permissible to initiate a disciplinary inquiry based on the same allegation even after an employee has been acquitted.
The Supreme Court in the case of Karnataka Power Transmission Corpn. Ltd. v. C. Nagaraju, (2019) 10 SCC 367, has held that an acquittal by a criminal court does not prevent an employer from conducting departmental proceedings in accordance with the rules and regulations. The criminal and departmental proceedings are distinct from each other. They function in different domains and serve different purposes.
The purpose of disciplinary proceedings is to determine whether the delinquent officer engaged in conduct that warrants his removal from service or a lesser punishment. On the other hand, in criminal proceedings, the objective is to establish whether the offenses registered against the officer are proven, and if so, what sentence should be imposed on him.
If the department has enough evidence against you, then you may not be able to obtain a remedy from the high court regarding the discontinuation of the departmental inquiry. This is because if there is sufficient evidence, the high court cannot order the department to terminate the disciplinary inquiry solely based on your acquittal in criminal proceedings.
If you are facing a delay in the conclusion of the disciplinary inquiry, you can approach the high court and seek a direction for the inquiry to be completed within a specific time period. The high court has the power to fix a time frame in the writ jurisdiction and can provide relief by directing the concerned department to conclude the disciplinary inquiry in a reasonable time frame.
