The High Court directed the appellate authority to reconsider the petitioner's acquittal in criminal proceedings and pass appropriate orders within three months in a writ petition.
Directed the appellate authority to consider the petitioner's acquittal and pass appropriate orders within three months.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
W.P. No. 2492 of 20 04
Rajesh Kumar, S/o Manohar Singh, Jat Constable, C.I.S.F. No. 94140402499, P/R Village – Sukhrana, P.S. Panipat, Distt. Panipat [Haryana], Posted – CISF UNIT BSP Rajhara, Tah. & Distt. Durg (C.G.0
---- Petitioner
Versus
---- Respondents
For Petitioner : Shri V.G. Tamaskar, Advocate For Respondents : Shri Rajkumar Gupta, Standing Counsel for UOI
Hon'ble Shri Justice Sanjay K. Agrawal
Order On Board
02/11/2017
(1) Learned counsel appearing for the petitioner would submit that appellate authority has not considerd the effect of acquittal of the petitioner in the criminal case for the offence under Sections 452, 323 & 294 of the Indian Penal Code and passed the order dated 22nd March, 2004 dismissing the appeal preferred by the petitioner and, therefore, he may be allowed to make an application before the appellate authority for redressal of his grievances.
(2) Per contra, counsel for the respondents would support the impugned order
(3) I have heard learned counsel appearing for the parites and also
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considered their rival submissions made hereinabove and gone through the record with utmost circumspection.
(4) A careful perusal of the appellate order would show that the appellate authority has not considered the petitioner's acquittal of the aforesaid offences as the charges in the departmental enquiry and the criminal proceedings are one and the same.
(5) Be that as it may, the appellate authority is directed to consider the acquittal of the petitioner of the aforesaid offences and pass appropriate order in accordance with law expeditiously preferably within a period of three months form the date of receipt of certified copy of this order after hearing the parties.
Sd/-
(Sanjay K. Agrawal) Judge
D/-
1 issue framed by the court
Whether the appellate authority must reconsider the petitioner's criminal acquittal before deciding on departmental charges.
Rajesh Kumar
Union of India
Sanjay K. Agrawal
As recorded by the court registry
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