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PARTHA SARATHI SEN
Sasti Pada Mondal – Appellant
Versus
Durgapur Chemicals Ltd. – Respondent
JUDGMENT :
PARTHA SARATHI SEN, J.
1. By filing the instant writ petition the writ petitioner has prayed for issuance of appropriate writ against the respondents/authorities for setting aside and/or quashing its reasoned order dated April 14, 2017 whereby and whereunder the writ petitioner’s requests for reinstatement, was not considered favourably by the respondent no. 3.
2. For effective adjudication of the instant lis, the facts leading to filing of the instant writ petition are required to be dealt with in a nutshell and those are as under:
ii) On 26.08.2001, an allegation of theft was leveled against the writ petitioner by the respondents/authorities. Consequently, an FIR was lodged against him in the jurisdictional Police Station under Section 479/411 IPC and thus, a criminal case was initiated by the said jurisdictional Police Station;
iii) On 28.08.2001, the writ petitioner was suspended from his employment;
iv) On 05.09.2001, a charge-sheet was submitted against the writ petitioner;
v) On 02.11.2001, enquiry officer issued a letter to the delinquent informing the next date
The acquittal in a criminal case does not override findings from a domestic enquiry due to differing standards of proof.
Acquittal in a criminal case impacts subsequent disciplinary proceedings; domestic inquiries must adhere to principles of natural justice to be valid.
Departmental proceedings and criminal cases are distinct; acquittal in a criminal case does not invalidate disciplinary action if misconduct is proven.
An inquiry officer acting in a quasi-judicial authority is in the position of an independent adjudicator. He is not supposed to be a representative of the department/disciplinary authority/Government....
Disciplinary proceedings can continue despite acquittal in a criminal case, focusing on preponderance of probabilities rather than beyond a reasonable doubt.
Acquittal in a criminal case does not automatically lead to reinstatement in disciplinary proceedings unless charges and evidence are identical.
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