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J. K. MAHESHWARI, SANDEEP MEHTA
Airports Authority of India – Appellant
Versus
Pradip Kumar Banerjee – Respondent
JUDGMENT :
Mehta, J.
1. Heard.
2. The instant appeal by special leave preferred by the appellant1[Hereinafter referred to as the “appellant-Authority”.] takes exception to the judgment dated 1st March, 2012 passed by the Division Bench of the High Court of Calcutta2[Hereinafter referred to as the “High Court”.] in an intra-court writ appeal3[Tender of Mandamus Appeal (MAT) No. 1311 of 2011.], whereby the Division Bench allowed the appeal filed by the respondent and set aside the order passed by the learned Single Judge.
The learned Single Judge vide order4[Writ Petition No. 9701(W) of 2010.] dated 29th June, 2011, upheld the punishment of dismissal from service imposed upon the respondent by the Disciplinary Authority and subsequently confirmed by the sub-committee while acting as the Appellate Authority.
Brief Facts:-
3. The respondent, while working with the appellant-Authority as an Assistant Engineer (Civil), was arrested along with a co- employee, who was working as a Junior Engineer in the appellant- Authority, for the offences punishable under Sections 7, 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 19885[For short “PC Act”.] and Section 34 of the Indian
(1) Disciplinary Proceedings – In disciplinary proceedings, it is not necessary for Disciplinary Authority to deal with each and every ground raised by delinquent officer in representation against pr....
(1) Dismissal--Standard of proof required in criminal proceedings being different from standard of proof required in departmental enquiries, same charges and evidence may lead to different results in....
The findings in the criminal and departmental proceedings were based on the same set of facts, and acquittal in a criminal case does not automatically entitle the individual to relief in departmental....
(1) Disciplinary Enquiry – Rules of evidence which apply to a criminal trial are distinct from those which govern a disciplinary enquiry – Acquittal of accused in a criminal case does not debar emplo....
The main legal point established in the judgment is the limited scope of interference in disciplinary proceedings, emphasizing the need for evidence-based findings and the principles of proportionali....
Acquittal in a criminal trial does not automatically invalidate disciplinary proceedings, but substantial overlaps in evidence may necessitate reconsideration of the latter's findings. Procedural fai....
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