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K. MANMADHA RAO
Ch. Appa Rao – Appellant
Versus
Depot Manager – Respondent
ORDER :
1. This writ petition is filed under Article 226 of the Constitution of India for the following relief:
2. The facts of the case are that the Petitioner was appointed as Driver Grade-II in the year 2006, regularized on 01.01.2010. On 03.10.2016 the Petitioner was allotted duty as TIM Driver along with T.S.S. Rao, E.752285, Co-driver on Bus No. AP 31Z 0213, 12.00 Hrs Visakhapatnam-Hyderabad service. When Bus reached M.G.B.S. Hyderabad at 08.00 Hrs on 04.10.2016, Co-driver was on steering and Petitioner was sleeping. All the passengers got down from the bus and when two lady passengers were demanding change, petitioner awoke from sleep. At that time the Task Force
Acquittal in a criminal case can impact disciplinary proceedings if the charges and evidence are identical, necessitating a fair assessment of the case.
The court established that a flawed domestic enquiry, ignoring acquittal in criminal proceedings, can lead to reinstatement of an employee.
Dismissal from service after acquittal in criminal case raises due process concerns; disciplinary actions must consider the acquittal in related criminal proceedings.
In cases of wrongful termination of service, the employee is entitled to back wages unless the employer proves that the employee was gainfully employed during the relevant period.
The court affirmed that acquittal in a criminal case does not preclude disciplinary action, emphasizing the distinct standards of proof in criminal and administrative proceedings.
Procedural fairness in labour enquiries requires opportunity for cross-examination and consideration of employee's arguments, reflecting the need for equitable treatment in disciplinary actions.
Acquittal in a criminal case impacts subsequent disciplinary proceedings; domestic inquiries must adhere to principles of natural justice to be valid.
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