Court No. - 21
Case :- SPECIAL APPEAL DEFECTIVE No. - 369 of 2018 Appellant :- Nagendra Pratap Singh Respondent :- State Of U.P. And 3 Ors Counsel for Appellant :- Ajay Kumar Banerjee,Pradeep Kumar Shukla Counsel for Respondent :- C.S.C.
Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.
The appeal is barred by limitation from 190 days. Ignoring the same we examined the merits of the case.
This appeal is preferred before us to examine the correctness of the judgment and order dated 24.11.2017 passed by learned Single Bench in Writ-A No.3460 of 2017. After examining all the facts available learned Single Bench has held that acquittal of the appellant from the criminal charges does not restrain the Disciplinary Authority from initiating the disciplinary action against the delinquent employee.
Learned counsel for the appellant states that Single Bench failed to appreciate the provision of para 1119 of Chapter XLI of the U.P. Jail Manual that prescribes when an officer has been prosecuted in a criminal court and has, after trial on the merits of the case, been declared innocent of the charge brought against him, the decision shall be accepted as final as such officer shall not be punished departmentally w hen the offence for which he was tried constitutes the sole ground for punishment.
A bare perusal of the provision clearly indicates that the same is having no application in the instant matter. It is not in dispute that the acquittal of the appellant-petitioner was recorded by extending benefit of doubt. Para-1119 of Chapter XLI of the U.P. Jail Manual applies where the officer has been declared innocent after examining the merits of the case. Declaration of innocence after examination of the merits means the hon'ble acquittal and not acquittal by extending benefit of doubt. In the case in hand acquittal in criminal case is recorded by extending benefit of doubt on the count that some of prosecution witnesses do not support the case of the prosecution and they were declared hostile.
In view of whatever stated above, we do not find any merit in this appeal and the same is dismissed.
Order Date :- 25.7.2018 Asha (Chandra Dhari Singh,J.) (Govind Mathur,J.)