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HARINATH NUNEPALLY
K. Muniratnam – Appellant
Versus
Central Industrial Security Force – Respondent
JUDGMENT
1. The petitioner is challenging the order of removal from service issued by the Deputy Inspector General, CISF (SZ) vide proceeding No.V-15013/06/2K/L&R/(SZ)/7729, dtd. 1/12/2000 and subsequent proceedings dtd. 30/3/2001, 2/4/2002, 11/12/2009 as illegal and arbitrary and the petitioner seeks reinstatement into service with all consequential benefits.
2. The petitioner was recruited as a Sub-Inspector in CISF on 16/7/1984. The petitioner was promoted as an Inspector in the month of February, 1993. The petitioner was posted to Visakhapatnam Steel Plant in December, 1995 and was working in the Crime and Intelligence Wing. On 9/12/1998 the petitioner was placed under suspension and memorandum of charges dtd. 17/4/1999 was issued to the petitioner. The following charges were framed against the petitioner.
Articles of Charge - I
That the said No.841110014 Insp./Exe.K.Muniratnam while functioning as I/c.Crime and Int.wing of CISF Unit, VSP Vizag during the period on 20/8/1998 he neither reported about the incriminatory motives involved by the personnel engaged for the works of M/s.Ajanta Steels, at Visakhapatnam (V), concealed the matter with him nor took any initiative to curb s
The distinction between departmental and criminal proceedings, and the relevance of evidence and witnesses in determining the impact of acquittal in a criminal case on disciplinary proceedings.
Disciplinary actions must adhere to principles of natural justice, including the right to cross-examine witnesses, or they risk being deemed invalid.
An acquittal based on a benefit of doubt does not equate to an honourable acquittal necessary for reinstatement following a disciplinary action.
Acquittal in criminal proceedings does not negate the authority's power to impose disciplinary action when misconduct is proven by preponderance of probabilities.
The dismissal of employees without a regular departmental enquiry and based solely on a preliminary enquiry was held to be arbitrary and unsustainable.
Honourable acquittal in criminal case on identical charges to termination allegations mandates reinstatement with notional benefits, quashing termination orders issued without departmental inquiry.
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