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2015 (9) TMI 1698 - SUPREME COURTGuilty of charge that appellant took ₹ 8.00 lacs from one Gurjit Singh son of Bahadur Singh of District Ludhiana, and got him sent illegally to United States of America - offences punishable Under Sections 406, 420 and 120B of Indian Penal Code (Indian Penal Code) and Under Section 13(i)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 - HELD THAT:- Rule 16.3 of Punjab Police Rules provides that when a police officer has been tried and acquitted by a criminal court, he shall not be punished departmentally on the same charge subject to certain conditions. In the present case, as is evident from Rule 16.3, requirement of not punishing the officer departmentally is not absolute, and it hinges on either of the five conditions mentioned above [(a) to (e)]. From the copy of the order of acquittal passed by the Judge, Special Court, Ludhiana (Annexure P-6), it is evident that the prosecution witnesses have turned hostile, and they appear to have been won over. In Union of India and Anr. v. Bihari Lal Sidhana [1997 (3) TMI 604 - SUPREME COURT], this Court has observed that it is true that the Respondent was acquitted by the criminal court but acquittal does not automatically gave him the right to be reinstated into the service. There are no illegality in the order passed by the High Court declining to interfere with the order of dismissal from service on the basis of evidence recorded in the departmental enquiry - appeal dismissed.
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