ORDER B. N. Agrawal and A. N. Chaturvedi, JJ. Heard the parties. 2. This writ application has been filed for quashing the order dated 1.7.1987, passed by the Superintendent of Police, Gaya whereby the petitioner has been discharged from service and the order dated 8.11.1990, passed in appeal contained in Annexure 7 as well as the order passed by the revisional authority contained in Annexure-8 upholding the order of discharge. The petitioner was served with charge sheet which is contained in Annexure-2, from which it would appear that the sole ground for initiating departmental proceeding against the petitioner was that he was made accused in two substantive criminal cases. Upon the conclusion of the departmental proceeding the petitioner has been discharged on the ground that he was made accused in two substantive criminal cases. 3. Learned counsel appearing on behalf of the petitioner has raised two points in support of this application. Firstly it has been submitted that merely because a police officer has been made an accused in two substantive criminal cases, he could not have been discharged from service. Secondly it has been submitted that in both the criminal cases the petitioner has been acquitted on merit which will be apparent from the judgments of acquittal contained in Annexures-10 and 11. 4. We find force in the contention raised on behalf of the petitioner. It is well settled that the police officer could not have been discharged from service simply on the ground that the substantive criminal cases have been instituted. Moreover the petitioner has been acquitted in the substantive criminal cases on merit, therefore, the order of discharge is vitiated on this ground as well. 5. Accordingly we allow the writ application and quash the orders contained in Annexure-3/l, 7 and 8.