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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.G.PANDIT, K.V.ARAVIND
N. Raghumurthy S/o T. Ningappa – Appellant
Versus
Karnataka Lokayukta M.S. Building Dr. Ambedkar Veedhi – Respondent
| Table of Content |
|---|
| 1. factual basis of the case and previous proceedings (Para 1 , 2) |
| 2. court’s reasoning regarding tribunal's decision (Para 4 , 9 , 14) |
| 3. arguments on acquittal's impact on departmental proceedings (Para 5 , 6) |
| 4. respondents' defense of departmental proceedings validity (Para 8 , 11) |
| 5. legal distinctions between criminal and disciplinary proceedings (Para 10 , 12 , 13) |
| 6. final conclusion and dismissal of writ petition (Para 15) |
CAV ORDER :
S.G.PANDIT, J.
The petitioner, a Special Tahsildar is before this Court under Article 226 of the Constitution of India assailing the order dated 02.09.2020 in Application No.3675/2019 passed by the Karnataka State Administrative Tribunal at Bengaluru (for short, ‘the Tribunal’) wherein the petitioner’s challenge to order of entrustment of enquiry to Lokayukta dated 03.07.2013 as well as nominating the Enquiry Officer under order dated 17.07.2013 is rejected.
2. Facts necessary to decide the lis are that, the allegations against the petitioner is that he demanded and accepted bribe of Rs.50,000/- on 02.09.2011 from the complainant Sri.R.Muniraju for making entries of the land in the revenue records. After investigation, the second respo
Acquittal in criminal law does not bar disciplinary proceedings, as the standards of proof differ significantly between the two.
Disciplinary proceedings' standards differ from criminal trials; acquittal does not bar disciplinary action if evidence supports charges.
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 a criminal case does not absolve the delinquent from liability under disciplinary jurisdiction.
The standards for departmental inquiries differ from criminal trials; an acquittal does not prevent disciplinary actions if the acquittal is not honorific.
Departmental inquiries and criminal trials may occur simultaneously; overlapping charges allow for departmental proceedings to continue based on a preponderance of probabilities, unlike criminal tria....
Criminal acquittal on benefit of doubt does not bar or nullify departmental disciplinary action, which follows preponderance of probability standard; Tribunal cannot interfere with punishment unless ....
Disciplinary proceedings can be unjust if based on identical circumstances leading to a criminal acquittal, emphasizing the need for reliable evidence.
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