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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ANIL S.KILOR, RAJNISH R.VYAS
State Of Maharashtra – Appellant
Versus
Vinay Kumar, S/o Abasaheb Juare – Respondent
JUDGMENT :
RAJNISH R. VYAS, J.
1. Heard learned counsel for the petitioners.
2. The petitioners/State has preferred this petition challenging the order passed by the learned Maharashtra Administrative Tribunal, Nagpur Bench, Nagpur (for short, ‘Tribunal’) in Original Application No. 743/2022 dated 11/01/2024, whereby, the order dated 23/12/2021 and 28/01/2021 passed by the original respondent nos. 2 and 3 were set aside.
3. By order dated 28/01/2021 in Departmental Inquiry, the punishment was imposed upon the original applicant, whereas by order dated 23/12/2021, the appellate authority has modified the punishment. The punishment which was finally imposed upon the original applicant was recovery of an amount of Rs. 2,71,500/- from his regular salary by deducting amount of Rs. 5,430/- in 50 months. Likewise, the permanent stoppage of one increment was also imposed upon him.
4. The aforesaid punishment was outcome of Disciplinary Inquiry initiated against the original applicant in the month of July, 2010. Following were the charges against the original applicant in the Departmental Inquiry:-
I) Failure to perform duty,
II) Non-payment of bills on time,
III) Unnecessarily keeping amount in lo
An acquittal in a criminal case does not render a disciplinary action invalid; independent findings in departmental inquiries are essential for justifying such actions.
Acquittal in a criminal case does not automatically lead to exoneration in a departmental inquiry, and the disciplinary authority has discretion in treating the suspension period.
Acquittal in a criminal case must be considered in related departmental proceedings when based on identical facts.
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