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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ASHOK S.KINAGI
Chandrakantha, W/o Subramanyam – Appellant
Versus
State Of Karnataka Bbmp-2, And Urban Development Department – Respondent
ORDER :
ASHOK S. KINAGI, J.
1. The petitioner filed this writ petition seeking for the following prayer:
i. Issue a writ in the nature of certiorari or any other appropriate writ, order or direction to quashing the order dated 31.07.2024 in No.NAHAE 565 MNY2014 passed by the 1st respondent compulsory retiring the petitioner from service. (Annexure-A);
ii. Issue a writ in the nature of certiorari or any other appropriate writ, order or direction to quashing the enquiry report dated 29.11.2020 in No.LOK/INQ/14-A/644/2014/ARE-11 passed by the 3rd respondent (Annexure-B);
iii. Issue a writ in the nature of mandamus or any other appropriate writ order or direction declaring the action of the respondent No.2 in not considering the acquittal order dated 26.09.2018 in Special CC No.271/2014 passed by the Court of the LXXVIII Addl City Civil and Sessions Judge and Special Judge (P.C.A) Bengaluru (CCH-79) has highly arbitrary and illegal (Annexure-C).
2. Brief facts leading rise to the filing of this writ petition are as follows:
3. The petitioner was initially appointed under the CMC. On coming into force of BBMP, the petitioner was incharge of Ward No.64 as Assistant Revenue Officer under respond
An acquittal in a criminal case influences disciplinary proceedings if based on identical facts; punitive actions must respect judicial findings to avoid injustice.
Acquittal in criminal cases may impact disciplinary proceedings if both are based on the same set of facts; disciplinary action cannot persist against a person acquitted in criminal court under simil....
The acquittal in a criminal case impacts disciplinary proceedings when both are based on the same evidence, necessitating a reevaluation of the disciplinary action.
Acquittal in a criminal case must be considered in related departmental proceedings when based on identical facts.
Disciplinary proceedings against a public servant must cease if the charges are identical to those leading to an honourable acquittal in a criminal case, ensuring fairness in due process.
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.
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