Court rules that revisiting disciplinary punishment post-criminal appeal relief violates Delhi Police Rules.
In a significant ruling, the Delhi High Court has ordered the reinstatement of Ashok Kumar, an ex-constable of the Delhi Police, after setting aside the disciplinary authority's order that removed him from service. The court found that the disciplinary action taken against Kumar, following partial relief granted in a criminal appeal, violated Rule 11 of the Delhi Police (Punishment and Appeal) Rules, 1980.
The case arose from an incident dating back to 1994, where Kumar was involved in a criminal case registered under Sections 307 and 324 read with Section 34 of the Indian Penal Code (IPC). Kumar was convicted in 2006 and received a prison sentence of seven years under Section 307 IPC and five years under Section 326 IPC. However, upon appeal, the Delhi High Court in 2014 set aside the conviction under Section 307 IPC and reduced the sentence under Section 326 IPC to one year.
Despite this relief, the disciplinary authority revisited its initial decision of forfeiting four years of Kumar's approved service and instead imposed the severe penalty of removal from service. The appellate authority upheld this decision, but the Delhi High Court has now intervened, emphasizing that the nature and gravity of Kumar's case were diluted, not aggravated, by the appellate court's decision.
The High Court, comprising Justices Navin Chawla and Madhu Jain, ruled that Rule 11 does not permit the reopening of a disciplinary case to enhance punishment after partial relief is granted in a criminal appeal. The court noted that the earlier punishment was based on the conviction, and revisiting the punishment was unwarranted given the reduced sentence and overturned conviction.
The judgment further clarified that imposing a penalty twice on the same incident amounts to double jeopardy, which is not permissible under the law. Consequently, the orders of the disciplinary and appellate authorities were set aside, and Kumar was ordered to be reinstated with all consequential benefits within eight weeks.
The ruling underscores the importance of adhering to procedural rules and the principles of natural justice in disciplinary proceedings, especially when linked with outcomes of criminal appeals.
Bottom Line:
Rule 11 of the Delhi Police (Punishment and Appeal) Rules, 1980 does not permit revisiting the disciplinary decision to enhance punishment after partial relief is granted to the convicted officer in a criminal appeal.
Statutory provision(s): Delhi Police (Punishment and Appeal) Rules, 1980, Rule 11; Sections 307, 324, 326, and 34 of the Indian Penal Code, 1860
Ashok Kumar v. Commissioner of Police, (Delhi)(DB) : Law Finder Doc Id # 2833941
