The Punjab and Haryana High Court ordered the reinstatement of a deceased constable back into the service after he was acquitted in a case wherein he was falsely implicated and held that an employee dismissed on account of the pendency of a criminal case is not entitled to be reinstated as of a right in every case of acquittal, however, it is the circumstances under which the offence allegedly came to be committed or the reasons for his acquittal, which would need to be examined.
Brief Facts:
The constable was terminated from service in 2005 on account of an FIR lodged under Sections 376-A, G, 342, 323, 506, 120-B IPC on the allegations that he was entrusted with the duty of escorting two accused smugglers to a hospital, However, he intentionally helped them to go out of the hospital to commit gang rape. The constable died in 2016 while battling his termination. The sessions court convicted him and later the High Court allowed the appeal against the order and acquitted the deceased. the son of the deceased filed the present petition seeking reinstatement of the deceased in the service.
Contentions of the Applicant:
The learned counsel appearing on behalf of the petitioner contended that the deceased deserves to be reinstated into service notionally considering that he had been acquitted in respect of the charges framed against him and all consequential benefits flowing from such reinstatement ought to be extended to the family of the deceased including the benefit of employment on compassionate ground. It was further contended that the deceased was falsely implicated and the High Court while acquitting him observed that he was falsely implicated by a senior police officer, who wanted to grab a property in Mohali.
Contentions of the Respondent:
The learned counsel appearing on behalf of the state contended that since the deceased had been involved in a case of a heinous nature, the mere fact that he was acquitted cannot ipso facto entail reinstatement. It was further argued that under the given circumstances no case either for reinstatement or for extending any financial benefits or for compassionate appointment were made out.
Observations of the Court:
The court stated that an employee dismissed on account of the pendency of a criminal case is not entitled to be reinstated as a right in every case of acquittal, however, it is the circumstances under which the offence allegedly came to be committed or the reasons for his acquittal, which would need to be examined.
The court stated that in the present case, the division bench while acquitting the accused of all charges stated that the deceased had been falsely implicated and the same was done in an attempt to grab a property while exercising undue influence and power by a senior police officer. The court concluded that the deceased was dismissed from service on account of no fault on his part and the deceased was deemed to have been reinstated into service.
The decision of the Court:
The court allowed the petition and directed the respondents to reinstate the petitioner’s father with full back-wages and to extend other consequential benefits flowing from such reinstatement.
Case Title: Lalit Kumar vs. State of Punjab and ors.
Coram: Hon’ble Mr. Justice Gurvinder Singh Gill
Case No.: CWP-1899-2020 (O & M)
Advocate for the Applicant: Mr. Dhiraj Chawla
Advocate for the Respondent: Mr. Aman Dhir
Read Judgment @LatestLaws.com
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