Honourable Acquittal III

Posted on by Rudrajyoti Nath Ray

Phool Singh had entered Rajasthan Police Service as a Constable in 1987. He was posted at Police Station: Mania, District: Dholpur (Rajasthan).

The question before this Court is only to see whether Phool Singh can be reinstated for he has been acquitted by a Criminal Court. There should be no ambiguity in law on this subject. A departmental proceeding is different from a criminal proceeding. The fundamental difference is, whereas in a departmental proceeding a delinquent employee can be held guilty on basis of ‘preponderance of probabilities’, in a Criminal Court prosecution has to prove its case ‘beyond reasonable doubt’. For this reason, Court has consistently held, merely because a person has been acquitted in a criminal trial, he cannot be ipso facto reinstated in service. In present case, acquittal is not an ‘honourable acquittal’.

– Hon’ble Justice Sudhanshu Dhulia, State of Rajasthan v. Phool Singh, [Civil Appeal No. 5930 of 2022]

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