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ANANDA SEN
Manoj Yaswantrao Ingle – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Heard the parties.
2. In this writ application, petitioner is challenging the order dated 30.9.1997 passed by the Commandant CISF whereby after conclusion of a Departmental proceeding petitioner was inflicted with punishment of dismissal from service. Further the Appellate Order dated 27.5.1999 passed by the Appellate Authority in the Departmental Appeal is also under challenge as the appeal also stood dismissed.
3. Counsel for the petitioner submits that though the petitioner was punished in the Departmental proceeding but the petitioner was a mere a scapegoat. In criminal revision which arose out of the same incident being Criminal Revision No. 614 of 2002, the conviction of the petitioner was set aside and he was acquitted, thus as per the petitioner, he is entitled to get the benefit of the said judgment and should be reinstated after setting aside the order of dismissal.
4. Counsel appearing on behalf of the respondent submits that the charges levelled against the petitioner in Departmental proceeding are grave. The standard of proof in Departmental proceeding is not the same as that in a criminal trial. He further submits that mere acquittal in a criminal case, will no
The main legal point established is that subsequent acquittal in a criminal case does not invalidate a completed departmental proceeding, and the court's jurisdiction under Article 226 in departmenta....
The High Court does not act as an appellate authority in disciplinary matters and will not interfere with the quantum of punishment unless it is shocking to the conscience.
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....
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 court held that a disciplinary dismissal based on unproven charges is unjustified, especially when the employee is acquitted in related criminal proceedings.
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