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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BIREN VAISHNAV, DEVAN M. DESA
Virdas Ramdas Solanki – Appellant
Versus
Indian Overseas Bank through General Manager – Respondent
| Table of Content |
|---|
| 1. arguments against reopening inquiry (Para 4 , 5) |
| 2. court's view on inquiry process (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
ORDER :
BIREN VAISHNAV, J.
1. This Appeal under Clause 15 of the Letter Patent is filed by the original-petitioner challenging the oral judgment dated 08.08.2024. By the aforesaid oral judgment, the learned Single Judge dismissed the petition of the appellant wherein, the appellant had prayed for quashing and setting the order dated 24.07.2010 terminating the appellant from service from the date of dismissal i.e. 21.10.1990.
2. Heard Mr. P.A. Jadeja, learned Counsel for the appellant and Mr. Dharmesh Devnani, learned Counsel for M/s. Nanavati Associates for the respondents.
3. The facts in brief are as under:-
3.1. The appellant was employed with the respondent-Bank as a Shroff/Godown Keeper at the Dhoraji Branch. For certain misconducts, 8 in number, a charge-sheet dated 30.11.1988 was issued to the petitioner-appellant. The Inquiry proceeded as far as charges No.2 to 8 are concerned and an Inquiry Officer submitted his report on 15.04.1991. Pursuant to the report so submitted, a show cause notice was issued on 29.07.1991 as to why a penalty
Acquittal in criminal proceedings does not bar disciplinary action; reopening of inquiry is valid if based on new findings.
Acquittal in a criminal case does not entitle automatic reinstatement in employment; employers have discretionary power in disciplinary proceedings based on misconduct.
Disciplinary proceedings can continue despite acquittal in a criminal case, focusing on preponderance of probabilities rather than beyond a reasonable doubt.
Acquittal in criminal proceedings does not negate the authority's power to impose disciplinary action when misconduct is proven by preponderance of probabilities.
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