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SANJAY KUMAR MEDHI, KAKHETO SEMA
Kommik Kadu – Appellant
Versus
State of A. P. – Respondent
JUDGMENT :
SANJAY KUMAR MEDHI, J.
1. The present two appeals have been preferred against the judgment and order dated 05.03.2021 passed in WP(C)/56(AP)/2015. While the WA/8(AP)/2021 has been preferred by the State of Arunachal Pradesh challenging the direction for reinstatement of the writ petitioner in service, WA/10(AP)/2021 has been preferred by the writ petitioner against the refusal of the learned Single Judge to the prayer for payment of back wages. Both the appeals being heard together, are disposed of by this common judgment and order.
2. Before coming to the issues which would call for a determination, it would be convenient to put on record the brief facts.
3. The writ petitioner was working as an Assistant (U/S) in the Police Head Quarters (PHQ) at Itanagar and in course of her employment, she was attached as Cashier in the office of the Superintendent of Police, Chimpu for the period January to December, 2009. While working in the said capacity, the authorities, at the time of audit in the year 2011, could detect major anomalies with regard to certain deposits. Accordingly, two numbers of FIRs were lodged - the first one was with regard to failure on the part of the writ pe
A dismissal based solely on a criminal conviction that is later overturned lacks legal standing, necessitating reinstatement and the provision of benefits to the affected employee.
The court established that disciplinary actions must be based on evidence, and the absence of such evidence can lead to judicial intervention.
Employer is also entitled to prove it otherwise against the employee, namely, that the employee was gainfully employed during the relevant period and hence not entitled to claim any back-wages. The n....
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.
The findings in the criminal and departmental proceedings were based on the same set of facts, and acquittal in a criminal case does not automatically entitle the individual to relief in departmental....
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