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 :
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.
3. The facts in brief are as under:-
3.2. The appellant petitioner challenged his conviction before the Competent Court and by judgment and order dated 07.01.2010, the appellant was acquitted. The Bank reopened the inquiry vis-a-vis charge No.1 and submitted a report dated 30.06.2010. By the report so submitted, the findings with regard to charge No.1 were held to be proved. A Show cause notice was issued on 01.07.2010 together with which a copy of Inquiry Officer’s report dated 30.06.2010 was filed and a copy of which was given to the appellant and a fresh order of dismissal dated 24.07.2010 was passed dismissing the petitioner from serv
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.
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.
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