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SHAMPA DUTT (PAUL)
Sadanand Shukla – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Shampa Dutt (Paul), J.
1. The present revision has been preferred praying for quashing of a proceeding being Special Case No. 01 of 2019 pending before the Learned Special Judge, 4th Special Court, Calcutta arising out of Hare Street Police Station Case No. 139 dated 30.04.2019 under Sections 409/420/467/471/477A of the Indian Penal Code read with 66D/71 of I T Act and Sections 7, 13(1)(a)(b) and 13(2) of the P C Act.
2. The petitioner’s case is that he was an employee under Kolkata Port Trust appointed in the year 1980 as a Lower Division Clerk (LDC) after completing all formalities including the written test conducted by the authority of Kolkata Port Trust and worked there very sincerely, honestly with the satisfaction of the authority. But surprisingly the Kolkata Port Trust initiated a Departmental proceeding against the petitioner vide Memorandum No. FA/M/137 dated 23.11.1984 and in the said proceeding the petitioner was found guilty and was proposed to impose penalty of removal from service and to that effect under the Statute the competent authority of Kolkata Port Trust issued show cause with a direction to the petitioner to submit against the award.
3. After receivi
The judgment establishes the principle that disciplinary and criminal proceedings are independent and require different standards of proof, emphasizing that the exoneration in disciplinary proceeding....
The standard of proof in criminal cases and departmental proceedings is different, and departmental proceedings cannot wait for the disposal of the criminal case if the allegations are different.
The distinction between the nature of inquiry and investigation in departmental proceedings and criminal case, and the different standards of proof required in each.
Judicial review in disciplinary matters is limited; courts defer to disciplinary authorities unless findings are perverse or unsupported by evidence.
The burden is on the employee to show that the charges in both disciplinary and criminal proceedings are the same, involve complicated questions of fact and law, and that the defense has not been dis....
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