Simplified Explanation of the Judgment

The Patna High Court has once again clarified the distinction between criminal proceedings and departmental inquiries, particularly for government servants in uniformed services. In this case, a dismissed police constable sought reinstatement following his acquittal in a criminal trial. The Court, however, found no merit in his claim and upheld the departmental dismissal.

The petitioner was a constable deployed at a police picket in Gaya, Bihar, on the day of a deadly Naxalite attack in 1998. During the incident, militants looted 16 rifles and 640 cartridges after killing two constables. The petitioner was found absent from duty during the attack, which led to departmental proceedings against him. He was charged with deserting his post and arms without permission—an act considered serious misconduct, especially in a law enforcement context.

Despite his explanation that he left due to his wife’s illness and returned two days later, the Inquiry Officer found the charges of desertion to be proved. Following due procedure, the Superintendent of Police, acting as the disciplinary authority, dismissed him from service in July 1999. His appeal to the Deputy Inspector General of Police was also rejected in 2000.

This dismissal was challenged by the petitioner earlier in 2005 via CWJC No. 15687 of 2005, which the Court dismissed in 2012. Meanwhile, the criminal case registered in the aftermath of the Naxalite attack went to trial, and all accused, including the petitioner, were acquitted in 2019.

Using this acquittal, the petitioner filed a fresh writ application in 2019 (CWJC No. 19188 of 2019), seeking reconsideration of his dismissal order.

The Court, however, reiterated that criminal acquittal does not automatically nullify departmental findings. The High Court emphasized that departmental actions are judged based on internal rules, standards of conduct, and the specific evidence presented during the inquiry, which is separate from a criminal court’s evidentiary threshold. Since the earlier writ against his dismissal had already been dismissed in 2012 and the charge of abandonment was distinct from the criminal charges, the Court found no reason to intervene again.

Significance or Implication of the Judgment

This ruling is particularly important for public servants, especially those in police or armed services. It clarifies that:

• Acquittal in a criminal court does not entitle a dismissed employee to automatic reinstatement.
• Departmental inquiries are based on service rules and standards of conduct, and can result in dismissal even when criminal liability is not established.
• Re-litigation of settled departmental matters through writ petitions after criminal acquittal will not be entertained by the Court.

For the government, this decision affirms the autonomy of internal disciplinary processes and ensures that enforcement agencies can maintain discipline based on professional standards, without waiting for lengthy criminal trials to conclude.

Legal Issue(s) Decided and the Court’s Decision

• Whether a government employee dismissed in a departmental proceeding can be reinstated based on subsequent criminal acquittal?
  • No, criminal acquittal does not affect the validity of earlier disciplinary actions.
• Whether the petitioner’s dismissal could be reconsidered after final dismissal of an earlier writ?
  • No, the matter had attained finality with the Court’s 2012 order.
• Is a departmental finding of misconduct independent of criminal trial findings?
  • Yes, as both proceedings have different evidentiary standards and purpose.

Judgments Relied Upon or Cited by Court

(the Court relied on its own prior decision in CWJC No. 15687 of 2005.)

Case Title

Hari Yadav v. The State of Bihar & Ors.

Case Number

CWJC No. 19188 of 2019

Citation(s)

2020 (1) PLJR 184

Coram and Names of Judges

Hon’ble Mr. Justice Chakradhari Sharan Singh

Names of Advocates and who they appeared for

Mr. Sunil Kumar — For the Petitioner
Mr. Dhuvendra Kumar (A.C. to GP-5) — For the Respondents

Link to Judgment

https://patnahighcourt.gov.in/viewjudgment/MTUjMTkxODgjMjAxOSMxI04=-Mkk2Y0J2e2Y=

If you found this explanation helpful and wish to stay informed about how legal developments may affect your rights in Bihar, you may consider following Samvida Law Associates for more updates.