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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.G.PANDIT, K.V.ARAVIND
N. Chandrashekar, S/o. T. Ningappa – Appellant
Versus
State Of Karnataka Represented By Its Principal Secretary To Government, Revenue Department – Respondent
| Table of Content |
|---|
| 1. petitioner's employment and the basis of charges (Para 2 , 3 , 4) |
| 2. defense arguments regarding evidence in disciplinary action (Para 5 , 6) |
| 3. government's position and evidence in support of charges (Para 7 , 8 , 9) |
| 4. court analysis of witness credibility and evidence (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 5. order for reinstatement and backwages determination (Para 17 , 18 , 19) |
C.A.V. ORDER :
K.V. ARAVIND, J.
Heard Sri. Sridhar G. Bidre, learned counsel appearing for Sri. Raghavendra G. Gayatri, learned counsel for the petitioner; Sri. V. Shivareddy, learned Additional Government Advocate for respondent Nos.1 and 2-State and Sri. Ashwin S. Halady, learned counsel for respondent No.3.
2. The unsuccessful applicant in Application No.8990/2014 has preferred this writ petition under Article 226 of the Constitution of India, assailing the order dated 17.07.2017 passed by the Karnataka State Administrative Tribunal, Bengaluru (for short, ‘the Tribunal’).
3. The facts, in brief, are that the petitioner was initially appointed on 15.11.2002 as a Village Accountant in the Revenue Department. While discharging his duties as Village Accountant at Kavali, a trap was laid again
Disciplinary proceedings necessitate adherence to evidentiary standards distinct from criminal trials; an acquittal does not automatically negate disciplinary action, but findings must be based on th....
Acquittal in criminal law does not bar disciplinary proceedings, as the standards of proof differ significantly between the two.
Departmental misconduct charges require proof via witness examination on preponderance of probability; unproved complaint/arrest documents insufficient, warranting quashing of dismissal, with crimina....
(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 standards for departmental inquiries differ from criminal trials; an acquittal does not prevent disciplinary actions if the acquittal is not honorific.
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