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IN THE HIGH COURT AT CALCUTTA
PARTHA SARATHI SEN
Gopal Chandra Niyogi – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Partha Sarathi Sen, J.
1. By filing the instant writ petition, the writ petitioner has prayed for issuance of appropriate writ/writs against the respondent/authorities commanding them to cancel/rescind/withdraw the following:-
i. The office order no.3 dated 06.01.2003 whereby and whereunder the writ petitioner was placed in suspension;
ii. The charge sheet dated 31.03.2003 issued by the disciplinary authority;
iii. The enquiry report dated 22.03.2006 as prepared by the enquiry officer being respondent no.6 herein;
iv. The second show cause notice dated 25.09.2006 as issued by the respondent no.4/authority;
v. The final order of punishment dated 11.01.2007 as passed by the respondent no.4/authority;
vi. The order of the appellate authority dated 28.03.2007 as communicated by the respondent no.5 along with other ancillary reliefs.
2. At the time of hearing Mr. Banerjee, learned advocate appearing on behalf of the writ petitioner at the very outset draws attention of this Court to page nos.64 to 66 of the instant writ petition being a copy of the memorandum of charge sheet dated 31.03.2003 together with articles of charges as lebelled against the writ petitioner being the delinquent
Acquittal in a criminal trial does not automatically invalidate disciplinary proceedings, but substantial overlaps in evidence may necessitate reconsideration of the latter's findings. Procedural fai....
Disciplinary authority's findings must be based on evidence; failure to adhere to natural justice principles renders proceedings void.
(1) Disciplinary Enquiry – Rules of evidence which apply to a criminal trial are distinct from those which govern a disciplinary enquiry – Acquittal of accused in a criminal case does not debar emplo....
The findings in the criminal and departmental proceedings were based on the same set of facts, and acquittal in a criminal case does not automatically entitle the individual to relief in departmental....
Acquittal in a criminal case by itself cannot be a ground for interfering with an order of punishment imposed by the Disciplinary Authority.
Judicial review in disciplinary matters is limited; courts defer to disciplinary authorities unless findings are perverse or unsupported by evidence.
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