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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Smt Justice Sumathi Jagadam, J
T. Venkateswar Rao – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
SUMATHI JAGADAM, J.
This writ petition is filed to call for the record relating to proceedings No.5068/CPR&RD/G3/2015, dated 22.08.2017, of the 2nd respondent and set aside the said proceedings as well as the proceedings ROC.No.1543/2007-A6 dated 31.01.2011 of the 4th respondent and consequently to direct the respondents to reinstate the petitioner into service with all consequential benefits.
2. Initially, the petitioner was appointed as a Bill Collector on 01.09.2021 and later promoted to Junior Assistant on 21.08.2006. He was suspended on 03.01.2008 by the 4th respondent for misusing house tax and other taxes amounting to Rs.5,57,390/- while working as a Bill Collector at Vinjamur Gram Panchayat. While he was working as such, the 4th respondent issued charge memo dated 18.06.2007 framing a charge against him that he misused house tax collection and water tax contribution of Rs.5,57,390/-, and directed to submit explanation and the petitioner submitted explanation denying the charge.
3. The order of suspension dated 03.01.2008 was challenged in O.A.No.2273 of 2008. The said O.A. was disposed of on 09.04.2008 directing the respondents to pass final orders in a month, failing w
Acquittal in a criminal case must be considered in related departmental proceedings when based on identical facts.
An acquittal in a criminal case influences disciplinary proceedings if based on identical facts; punitive actions must respect judicial findings to avoid injustice.
Disciplinary proceedings cannot continue if charges are based on the same facts as a criminal case which resulted in acquittal due to lack of evidence.
Disciplinary proceedings cannot continue if they are based on identical facts leading to acquittal in criminal proceedings, reflecting different standards of proof.
Disciplinary proceedings cannot continue if based on the same facts as an acquitted criminal case; a quashed charge memo results in retirement with benefits.
The acquittal in a criminal case impacts disciplinary proceedings when both are based on the same evidence, necessitating a reevaluation of the disciplinary action.
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