Lokpal Singh vs The State Of Madhya Pradesh

Headnote AI-drafted · Reviewed and approved

The petitioner, a police personnel, challenged a departmental charge-sheet dated 16.02.2024 and a suspension order dated 05.01.2024, both arising out of an FIR registered against him at Crime No. 02/2024 under Sections 376(2)(n), 323, 294 and 506 of the IPC, alleging that he misused his position to enter into a relationship with a woman and refused to marry her. The petitioner was subsequently acquitted by the Trial Court in S.T. No. 77/2024 vide order dated 12.09.2024, as the prosecutrix did not support the prosecution case and the FSL report was negative, resulting in a clean and honourable acquittal.

The High Court, relying upon its earlier decision in Gokul Singh Mandot vs. The State of M.P. (W.P. No. 39694/2014, decided 04.03.2025) and the Supreme Court decisions in G.M. Tank vs. State of Gujarat, (2006) 5 SCC 446 and Ramlal vs. State of Rajasthan, (2024) 1 SCC 175, held that where the facts and evidence in the departmental and criminal proceedings are identical and the employee has received an honourable acquittal, the distinction based on the standard of proof between departmental and criminal proceedings would not be applicable.

Accordingly, the Court quashed the departmental charge-sheet and further proceedings thereunder, holding that the petitioner's honourable acquittal in the criminal case on the same set of facts warranted interference with the departmental inquiry. The petition was allowed in the aforesaid terms.

Catchwords: departmental inquiry · charge-sheet · suspension · honourable acquittal · same set of facts · criminal proceedings · police personnel · rape · misconduct · standard of proof · certiorari · mandamus · Article 226