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NELSON SAILO
Rajendra Kumar Tiwari S/o Late K. Murari Tiwari – Appellant
Versus
State of A. P. – Respondent
JUDGMENT :
NELSON SAILO, J.
1. Heard Mr. M Batt, learned counsel for the petitioner and Mr. G Tarak, learned counsel for respondent Nos. 2, 3 and 4. Also heard Ms. P Sangeeta learned counsel for respondent No. 1.
2. By filing this writ Petition, the petitioner has challenged the Order dated 24.06.2015 (Annexure-8) issued by the Disciplinary Authority dismissing the petitioner from service with immediate effect and to pay fine of Rs. 80 lakhs along with interest @ 14% per annum w.e.f. 31.03.2009. The petitioner has also challenged the minutes of the Board of Directors’ Meeting held on 01.06.2016 (Annexure-11) by which, the appeal filed by the petitioner was rejected.
3. Brief facts of the essential for disposal of the writ petition is that the petitioner joined the Arunachal Pradesh Rural Bank as Junior Management Scale-1 in the year 1985 and he was subsequently promoted to the post of Manager and posted at Kimin Branch in the month of January 2006. While working as such, he was placed under suspension vide Order No. 37/3179 dated 17.02.2010 on the allegation of misconduct. An FIR was also lodged against him by one Pulakesh Paul on 08.03.2010 before the Officer-in-Charge of Kimin Police
The court affirmed that an acquittal in a criminal case does not preclude disciplinary action if misconduct is proven in a departmental inquiry.
Disciplinary dismissal based on financial misconduct was set aside due to lack of fair process and the employee's prior acquittal in criminal proceedings regarding identical charges.
Disciplinary action against employees in banking must balance serious misconduct with fair treatment principles, allowing for reconsideration of penalties based on prior service and comparative cases....
Criminal acquittal does not bar departmental dismissal on preponderance of probability standard for same misconduct.
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