Acquittal in criminal case can't give back job: Delhi high court

Acquittal from criminal charges by court cannot result in reinstatement of a government employee who is sacked for his alleged involvement in the crime, the Delhi high court has said.

A bench of justices Madan B Lokur and Mukta Gupta did not agree with the Central Administrative Tribunal's order which had reinstated a Delhi police constable after he was given a clean chit by a court in a theft case.

The constable, Harvir Singh, was sacked by the Delhi police after allegations were made against him for being involved in the theft of several cars. The police also passed an order that it was not possible to conduct an inquiry against him.

The tribunal, however, directed the police to reinstate him after he was acquitted in the criminal case. The police had then approached the high court challenging the tribunal's order.

The high court, after hearing the arguments, did not agree with the tribunal's order.

"Merely because the constable was discharged / acquitted in the criminal cases, does not mean that the order of dismissal was bad in law or that the order passed by the police that it was not reasonably practicable to hold an inquiry was invalid," the court said.

"The order dispensing with the inquiry as well as the order dismissing the constable from service operate in an entirely different field from the criminal cases launched against him," the court said.

Taking a humane approach, the court refused to set aside the tribunal's order as Singh has been reinstated, and is working for the last 15 years.