Disciplinary Proceedings Deemed Unsustainable Following Constable's Acquittal in NDPS Case; Court Orders Reinstatement with Full Benefits
In a significant ruling, the Orissa High Court has ordered the reinstatement of Bansidhar Bariki, a police constable who had been dismissed from service following allegations of misconduct related to narcotic trafficking. The court's decision came after Bariki's acquittal in a criminal trial, where he faced charges under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The High Court found the disciplinary proceedings against him to be unsustainable, as they were based on the same allegations for which he was acquitted due to lack of evidence.
The case originated from allegations that Bariki was involved in the illegal transportation of ganja, leading to both criminal prosecution and departmental proceedings against him. In 2015, a police raid resulted in the seizure of contraband from a vehicle, and Bariki's name surfaced during the investigation. Although the criminal court, in a judgment dated November 26, 2018, acquitted him due to insufficient evidence and a successful plea of alibi, the departmental inquiry continued, ultimately resulting in his dismissal in July 2022.
Challenging the dismissal, Bariki filed a writ petition, arguing that both the criminal and departmental proceedings were based on identical facts and evidence. The High Court, in its judgment dated March 20, 2026, emphasized that the acquittal was not merely technical but was based on a judicial finding of lack of involvement. The court noted that the disciplinary authorities failed to present independent evidence to justify the dismissal.
The bench, comprising Justices Manash Ranjan Pathak and Sibo Sankar Mishra, criticized the disciplinary authority for relying on assumptions rather than concrete evidence, particularly when the same witnesses and evidence were scrutinized in the criminal trial. The court highlighted that the plea of alibi, which was accepted by the trial court, negated the basis of the departmental charges.
The judgment underscores the principle that while disciplinary proceedings can be independent of criminal trials, they cannot proceed on identical allegations without substantial evidence, especially when a court has acquitted the accused. The court ordered Bariki's reinstatement with all service and financial benefits, directing the authorities to expedite the process.
This ruling reinforces the notion that disciplinary authorities must undertake a thorough and independent evaluation of evidence, particularly when judicial findings have cleared an individual of criminal charges. The decision is likely to impact how disciplinary actions are approached in cases involving parallel criminal proceedings.
Bottom Line:
Disciplinary proceedings against a government servant based on allegations identical to those in a criminal prosecution cannot be sustained if the servant is acquitted in the criminal trial due to lack of evidence establishing their involvement.
Statutory provision(s): Articles 226 and 227 of the Constitution of India, NDPS Act, Section 29, Section 235(1) Cr.P.C., Odisha Government Servants' Conduct Rules, 1959
State of Odisha v. Bansidhar Bariki, (Orissa)(DB) : Law Finder Doc id # 2869897
