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HIGH COURT OF GUJARAT
M.K. THAKKER
Pravinsinh Chandrasinh Chauhan – Appellant
Versus
Divisional Controller, ST Corporation, Nadiad Division – Respondent
JUDGMENT :
(M. K. THAKKER, J.)
1. Rule, returnable forthwith. Learned advocate Mr.Naidu waives service of notice of Rule on behalf of the respondent No.1.
2.This petition is filed under Articles 226 and 227 of the Constitution of India challenging the award passed by the learned labour Court, Nadiad in Reference (T) No.47 of 2021 dated 16.01.2023 whereby the Reference filed by the present petitioner seeking reinstatement with continuity of service and with back wages came to be rejected.
3. It is the case of the petitioner that he was working as a driver having the badge No.10566 at Kheda Depot of Nadiad Division S.T. Corporation. He was serving since 1998 and he was given the benefit of regular employee in the year 2008. On 19.11.2016, when he was on duty as a driver in Kheda depot on the Nandurbar to Ahmedabad route, bus was checked by the Checking Officer at the Ahmedabad Bus Stand, During the inspection, from the battery box of driver’s cabin and from luggage tool box below the Bus Conductor side as well as from the tool box next to spare wheel box on the bus, total 18 bottles of different brands of english liquor were found. The offence was registered under the Prohibition Act bef
Acquittal in a criminal case does not bar disciplinary action; dismissal upheld as proportionate to serious misconduct.
The lack of independent evidence in a departmental inquiry based on a criminal charge, leading to the employee's acquittal, necessitates quashing the disciplinary action taken against them.
The acquittal in criminal proceedings does not preclude disciplinary action in departmental proceedings, as the standard of proof and burden of proof are different in the two proceedings.
Disciplinary proceedings can continue despite acquittal in a criminal case, focusing on preponderance of probabilities rather than beyond a reasonable doubt.
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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