Once an employee has been acquitted by a criminal court he cannot be reinstated as a matter of right

Supreme Court: The Court, in relation to reinstatement after acquittal by a court, held that once an employee has been acquitted by a criminal court he cannot be reinstated as a matter of right and the same will depend upon the Service Rules. It was held that a person can be reinstated despite of all the disciplinary proceedings, if the Service Rules provide so. The Court was of the opinion that there is no rule of automatic reinstatement on acquittal by a criminal court.
In the present case, the respondent was working as a sepoy in 2nd battalion of the Kolkata Armed Police and was dismissed from service due to involvement in the criminal caseSupreme Court: The Court, in relation to
reinstatement after acquittal by a court, held that once an employee has been acquitted by a criminal court he cannot be reinstated as a matter of right and the same will depend upon the Service Rules. It was held that a person can be reinstated despite of all the disciplinary proceedings, if the Service Rules provide so. The Court was of the opinion that there is no rule of automatic reinstatement on acquittal by a criminal court.
In the present case, the respondent was working as a sepoy in 2nd battalion of the Kolkata Armed Police and was dismissed from service due to involvement in the criminal case. Taking note of Regulation 4 of chapter 19 of the Police Regulations of Calcutta 1968, the 2-judge bench of Hon’ble K.S.Radhakrishnan and A.K.Sikri, JJ held that the said provision provides that acquittal or discharge in a criminal proceeding shall not be a bar to award punishment in a departmental proceeding in respect of the same cause and that the W.B. Administrative Tribunal committed a mistake in holding that since the respondent was acquitted by a Criminal Court of the same charges, reinstatement was automatic. [State of West Bengal v. Sankar Ghosh, SLP (Civil) No 29808 of 2010 , decided on November 28 2013]. Taking note of Regulation 4 of chapter 19 of the Police Regulations of Calcutta 1968, the 2-judge bench of Hon’ble K.S.Radhakrishnan and A.K.Sikri, JJ held that the said provision provides that acquittal or discharge in a criminal proceeding shall not be a bar to award punishment in a departmental proceeding in respect of the same cause and that the W.B. Administrative Tribunal committed a mistake in holding that since the respondent was acquitted by a Criminal Court of the same charges, reinstatement was automatic. [State of West Bengal v. Sankar Ghosh, SLP (Civil) No 29808 of 2010 , decided on November 28 2013]

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