Punjab-Haryana High Court
Sanjeev Sharma vs State Of Punjab And Others on 6 November, 2023
Neutral Citation No:=2023:PHHC:141483
CWP-21723 of 2023 2023:PHHC:141483 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-21723 of 2023
Date of decision : November 06, 2023
Head Constable Sanjeev Sharma
...... Petitioner
Versus
State of Punjab and others
...... Respondents
CORAM : HON'BLE MR. JUSTICE JAGMOHAN BANSAL
***
Present :-Mr. Mansur Ali, Advocate and
Mr. Tushaar Madaan, Advocate for
Mr. Amarpreet K. Kooner, Advocate
for the petitioner.
Mr. Inderpreet Singh Kang, AAG., Punjab.
***
JAGMOHAN BANSAL, J. (ORAL)
1. The petitioner through instant petition under Articles 226/227 of
Constitution of India is seeking setting aside of orders dated 23.07.2013
(Annexure P-2), 16.01.2015/23.01.2015 (Annexure P-4),
11.10.2019/16.10.2019 (Annexure P-6), 30.5.2022/1.6.2022/8.6.2022
(Annexure P-7) and 19.6.2023/23.6.2023 (Annexure P-8) whereby the
petitioner was punished and his appeal as well as review application has been
dismissed.
2. Learned counsel for the petitioner at the outset submits that as per
Rule 16.3 of the Punjab Police Rules (hereinafter referred to as 'Rules') if an
employee is acquitted in the criminal proceedings, the departmental
proceedings shall be withdrawn. Rule 16.3 of the Punjab Police Rules reads
as :-
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"16.3. Action following on a judicial acquittal. - (1) When a
Police Officer has been tried and acquitted by a criminal
court he shall be not be punished departmentally on
the same charge or on a different charge upon the
evidence cited in the criminal case, whether actually led
or not, unless -
(a) the criminal charge has failedon technical grounds; or
(b) in the opinion of the Court or of theSuperintendent of
Police, the prosecution witnesses have been wonover; or
(c) the Court has held in its judgment that an offence was
actually committed and that suspicion rests upon the police
officer concerned ; or
(d) the evidence cited in the criminal case discloses facts
unconnected with the charge before the court which justify
departmental proceedings on a different charge; or
(e) additional evidence admissible under rule 16.25(1) in
departmental proceedings is available.
(2) Departmental proceedings admissible under sub-rule
(1) may be instituted against Lower Subordinates by the
order of the Superintendent of Police but may be taken
against Upper Subordinates only with the sanction of Deputy
Inspector-General of Police, and a police officer against
whom such action is admissible shall not be deemed to have
been honorably acquitted for the purpose of rule 7.3 of the
Civil Services Rules (Punjab), Volume I, Part I."
3. The petitioner was subjected to departmental as well as criminal
proceedings. The petitioner was acquitted vide judgment dated
28.10.2017(Annexure P-1) passed by the trial court. The department has
accepted that judgment. The petitioner after being acquitted by the trial court
filed review application which has been dismissed without considering Rule
16.3 of the Rules, even though, petitioner has specifically pointed out that Rule.
4. Faced with this, Mr. Inderpreet Singh Kang, AAG., Punjab who on
advnace notice is present in Court submits that the reviewing authority-
Additional Deputy General of Police, Law and Order Punjab would reconsider
the review application of the petitioner and pass a fresh order considering Rule
16.3 of the Rules.
5. In the wake of statement made by learned State counsel, the
petition stands disposed of with a direction to Additional Deputy General of
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Police, Law and Order Punjab-Reviewing authority to pass a fresh order within
a period of three months from today.
6. Before parting with this order, I would hasten to add that the
petitioner specifically raised question of applicability of Rule 16.3 of the Rules,
however, the respondent while passing impugned orders has not cared of the
said Rule. There are so many matters pending before this Court
where departmental and criminal proceedings are pending against
police officials. Thus, the authorities are directed to notice Rule 16.3 of
Punjab Police Rules before passing order while exercising
disciplinary/appellate/revisional/reviewing jurisdiction.
( JAGMOHAN BANSAL )
JUDGE
November 06, 2023
archana
Whether speaking/reasoned Yes
Whether Reportable : No
Neutral Citation No:=2023:PHHC:141483
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