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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M.K.Thakker
Jyotindrasinh Hemuba Vaghela – Appellant
Versus
Divisional Controller – Respondent
| Table of Content |
|---|
| 1. the court begins proceedings with urgency. (Para 1 , 2) |
| 2. petition challenges industrial tribunal's award. (Para 3) |
| 3. petitioner's alleged misconduct based on criminal complaint. (Para 4) |
| 4. petitioner argues no evidence in inquiry. (Para 6) |
| 5. corporation asserts valid basis for inquiry. (Para 7) |
| 6. court reviews evidence and inquiry procedures. (Para 8) |
| 7. impact of criminal acquittal discussed. (Para 9) |
| 8. court's ruling on identity of departmental and criminal charges. (Para 10 , 11) |
| 9. court quashes previous orders based on its findings. (Para 12 , 13) |
JUDGMENT :
M.K. Thakker, J.
1. Rule, returnable forthwith. Learned advocate Mr.Munshaw waives service of notice of Rule on behalf of the respondent No.1.
2. With the consent of the parties this matter is heard finally.
3. This petition is filed under Articles 226 and 227 of the Constitution of India, challenging the award dated 29.11.2023 passed by the learned Industrial Tribunal in Reference (IT) No.28 of 2022, whereby the Reference filed by the present petitioner challenging the order of punishment of stoppage of two yearly increments with future effect came to be affirmed.
4. It is the case of the present petitioner th
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.
Acquittal in a criminal case does not bar disciplinary action; dismissal upheld as proportionate to serious misconduct.
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.
The acquittal in a criminal case impacts disciplinary proceedings when both are based on the same evidence, necessitating a reevaluation of the disciplinary action.
The court held that a disciplinary dismissal based on unproven charges is unjustified, especially when the employee is acquitted in related criminal proceedings.
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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