Acquittal in criminal case can`t get back job: Delhi HC

Last Updated: Wednesday, January 13, 2010 - 20:51

New Delhi: Acquittal from criminal charges
from court cannot result in reinstatement of a government
employee who is sacked for his alleged involvement in the
crime, the Delhi High Court said on Wednesday.

A bench of Justices Madan B Lokur and Mukta Gupta did not
agree with the Central Administrative Tribunal`s order which
had reinstated a Delhi police constable after he was given a
clean chit by a court in a theft case.

The constable, Harvir Singh, was sacked by the Delhi
Police after allegations were made against him for being
involved in the theft of several cars and it was not possible
to conduct an inquiry against him.

The Tribunal, however, directed the police to reinstate
him after he was acquitted in the criminal case. The police
had then approached the High Court challenging the Tribunal`s

The High Court, after hearing the arguments, did not
agree with the Tribunal`s order.

"Merely because the constable was discharged/acquitted
in the criminal cases does not mean that the order of
dismissal was bad in law or that the order passed by the
police that it was not reasonably practicable to hold an
inquiry was invalid," the court said.

"The order dispensing with the inquiry as well as the
order dismissing the constable from service operate in an
entirely different field from the criminal cases launched
against him," the court said.

Taking a humane approach, the court refused to set aside
the Tribunal`s order as Singh has been reinstated and is
working for the last 15 years.


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First Published: Wednesday, January 13, 2010 - 20:51

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