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SUJIT NARAYAN PRASAD
Santosh Sahu, S/o late Mani Sahu – Appellant
Versus
Jharkhand State Electricity Board – Respondent
JUDGMENT :
This writ petition is under Article 226 of the Constitution of India, whereby and whereunder, the orders dated 22.07.2010 and 12.08.2011 issued under the signature of Director of Personnel, Jharkhand State Electricity Board, Ranchi, by which, the writ petitioner has been dismissed from service.
2. The brief facts of the case, as per the pleading made in the petition, are required to be enumerated as under:-
It is the case of the writ-petitioner that he was married in village Labaga, P.O.-Balkudara, P.S. Patratru District Hazaribag (now Ramgarh) and thereafter started residing in his matrimonial house due to poverty. In the month of July, 1973 he was engaged as labour supply mazdoor by Shri Mukund Sahu, one of the labour supply contractor of Patratu Thermal Power Station. In the year 1975, a list of contractor’s labour/labour supply mazdoors working in the project on the basis of Labour supply through contractors was prepared with a view for giving reference in the employment on casual/contract labour of the project which contained the name of the petitioner, as he was working as contract labour/labour supply mazdoor under Mechanical Maintenance Division of the Project und
Dismissal from service after acquittal in criminal case raises due process concerns; disciplinary actions must consider the acquittal in related criminal proceedings.
Acquittal by benefit of doubt in criminal case does not constitute honourable acquittal and does not vitiate disciplinary dismissal for falsified date of birth, given differing proof standards.
Disciplinary proceedings can continue despite acquittal in a criminal case, focusing on preponderance of probabilities rather than beyond a reasonable doubt.
The appointment being void ab initio precludes the petitioner from claiming reinstatement and other benefits.
The decision to remove an employee from service may not be vitiated by the non-supply of relevant documents or the second show cause notice if the employee is aware of the allegations and there is no....
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