- (1.) Leave granted.
(2.) We are, in this case, concerned with the question whether the respondent, who was dismissed from service following disciplinary proceedings, is liable to be reinstated on acquittal by a criminal court on the ground of identity of charges in the departmental as well as criminal proceedings.
(3.) The respondent was working as a Sepoy in the 2nd Battalion of the Kolkata Armed Police. At the time of the incident, he was working as a Sepoy on deputation in the Traffic Department of Kolkata Police. He was arrested by the police in connection with Khardah P.S. Case No.383 dated 12.11.2013 and charged for the offences under Sections 392, 395 and 412 of the Indian Penal Code read with Sections 25 and 27 of the Arms Act for his complicity in the commission of a dacoity using a motor cycle bearing Registration No.WB-24/F-3050. On his arrest, he was produced before the Sub-Divisional Magistrate, Barrackpore, and he was remanded to police custody till 28.11.2003 and then to judicial custody till 30.3.2004. Later, he was released on 1.4.2004. The department placed the respondent under suspension w.e.f. 26.11.2003 and was later served with a charge sheet on 1.6.2004. The operative portion of the charge sheet reads as follows :- "You Sepoy 14610 Sankar Ghosh of 2nd Bn., K.A.P. working on deputation to Traffic Department, Kolkata Police, presently under suspension w.e.f. 26.11.2003 F.N. are charged with gross misconduct unbecoming of a member of the Kolkata Police Force in that :- 1) You were arrested on 26.11.2003 by Khardah P.S. for your direct complicity in commission of dacoity vide Khardah P.S. Case No.383 dated 12.11.2003 u/S. 392 IPC adding Section 395/412 CPC and 25/27 Arms Act by using a motor cycle T.V.S. Victor Blue coloured bearing Regd No.24F/3050 2) You were produced before the Ld. SDJM Barrackpore on the same day (2611.03) and resumed P.C. till 28.11.2003 and then to J.C. till 30.3.2004. You were released from Dum Dum Central Jail on 1.4.2004. 3) It appears from the record that you have no stay out permission from the competent authority and you were involved in the criminal case in the jurisdiction of Khardah P.S. and also arrested from outside the Kolkata Police jurisdiction. 4) You being a member of the disciplined force, your involved in such type of heinous crime tarnished the image/prestige of the Kolkata Police force in the estimation of the members of the public in large. You are hereby directed to state whether you plead guilty to the charges or want an open enquiry into the matter. Your written reply should reach within 7 (seven) days of the receipt of this charge. Deputy Commission of Police Traffic Department, Kolkata.";