BALJINDER PAL KAUR versus STATE OF PUNJAB AND OTHERS

BALJINDER PAL KAUR versus STATE OF PUNJAB AND OTHERS

Under Rule 16.3(b) of Punjab Police Rules, acquittal by criminal court does not bar departmental punishment if, in the opinion of the court, prosecution witnesses were won over. As the acquittal order stated the witnesses had turned hostile and appeared to have been won over, the High Court's refusal to interfere with dismissal was justified.

Parties
Appellant: Baljinder Pal Kaur; Respondents: State of Punjab and Others
Jurisdiction
India
Judgment Date
08 September 2015
Procedural Posture
Civil Appeal / Final Disposition by Supreme Court
Outcome
Appeal dismissed
Legal Topics
Dismissal From Service, Departmental Enquiry, Effect of Criminal Acquittal on Disciplinary Proceedings
Service Law Administrative Law Dismissal From Service Departmental Enquiry Effect of Criminal Acquittal on Disciplinary Proceedings

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Parties

Baljinder Pal Kaur

Appellant

State of Punjab and Others

Respondents

Procedural Posture

Civil Appeal / Final Disposition by Supreme Court

Legal Issues

  1. 1 Whether departmental punishment can be imposed following acquittal in criminal proceedings under Punjab Police Rules, Rule 16.3
  2. 2 Interpretation of Rule 16.3(b) of Punjab Police Rules regarding 'won over' prosecution witnesses

Ratio Decidendi

Under Rule 16.3(b) of Punjab Police Rules, acquittal by criminal court does not bar departmental punishment if, in the opinion of the court, prosecution witnesses were won over. As the acquittal order stated the witnesses had turned hostile and appeared to have been won over, the High Court's refusal to interfere with dismissal was justified.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; no order as to costs.