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RAVI RANJAN, SUJIT NARAYAN PRASAD
Ashok Kumar Nonia, Son of Late Shiv Nandan Beldar – Appellant
Versus
Bharat Coking Coal Limited through its Chairman-cum-Managing Director – Respondent
JUDGMENT :
1. The matter has been heard through video conferencing with the consent of the learned counsel for the parties. They have no complaint about any audio and visual quality.
2. The instant intra-court appeal preferred under Clause-10 of Letters Patent is directed against the order/judgment dated 02.11.2021 passed by the learned Single Judge of this Court in W.P.(S) No.1534 of 2020, whereby and whereunder, the writ petition has been dismissed by declining to interfere with the order dated 07.04.2020, by which, prayer for reinstatement of the writ petitioner in service with all consequential benefits on the ground of his acquittal in the criminal case being R.C. Case No.10(A)/2014(D) has been rejected.
3. The brief facts of the case, as per the pleading made in the writ petition, required to be enumerated, are as hereunder:-
It is the case of the writ petitioner that while he was working as Bill Clerk in Moonidih Coal Washery of M/s. Bharat Coking Coal Ltd. (in short “M/s. BCCL”), a written complaint was made to the CBI, Dhanbad on 08.09.2014 by one Niranjan Mahto, a fitter in Moonidih Coal Washery of M/s. BCCL alleging that the writ petitioner has made a demand of gratificat
Departmental proceedings and criminal cases are distinct; acquittal in a criminal case does not invalidate disciplinary action if misconduct is proven.
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 dismissal order based solely on a criminal conviction becomes non-est after the conviction is set aside. The court emphasized the need to balance fair trial and expeditious conclusion of discipli....
Acquittal in criminal case on identical facts as departmental proceedings, after full trial disproving charges on merits, requires setting aside disciplinary punishment despite differing proof standa....
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 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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