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VAIBHAVI D. NANAVATI
Virdas Ramdas Solanki – Appellant
Versus
Indian Overseas Bank Through General Manager – Respondent
JUDGMENT :
Vaibhavi D. Nanavati, J.
1. By way of the present petition under Article-226 of the Constitution of India, petitioner herein has prayed for the following reliefs:
(A) Quashing and setting aside the order dt.24.7.2010 terminating the service of the petitioner as also the appellate order dt.9.10.2010, as also the order of dismissal dt. 21.10.99, and to reinstate the petitioner in service, with all benefits including back wages with 12% interest.
(B) During the pendency and final disposal of this petition, the Respondent may be directed to reinstate the petitioner in service.
(C) To grant such and further relief as may be deemed fit and proper.”
2. Heard Mr. P.A. Jadeja, learned advocate appearing for the petitioner and Mr. Dharmesh Devnani, learned advocate appearing for Nanavati Associates for the respondents.
3. The brief facts leading to the filing of the present Petition reads thus:
3.1. The petitioner was appointed on 01.03.1978 as Shroff / godown Keeper by the respondent – Bank and had served, till the petitioner came to be dismissed
Acquittal in a criminal case does not entitle automatic reinstatement in employment; employers have discretionary power in disciplinary proceedings based on misconduct.
Acquittal in criminal proceedings does not bar disciplinary action; reopening of inquiry is valid if based on new findings.
Disciplinary proceedings can continue despite acquittal in a criminal case, focusing on preponderance of probabilities rather than beyond a reasonable doubt.
The court affirmed that acquittal in a criminal case does not preclude disciplinary action, emphasizing the distinct standards of proof in criminal and administrative proceedings.
Acquittal in criminal proceedings does not negate the authority's power to impose disciplinary action when misconduct is proven by preponderance of probabilities.
The dismissal of a police officer based on departmental proceedings was unjustified as the charges were not proven, and acquittal in criminal proceedings must be considered.
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