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SUJIT NARAYAN PRASAD, SUBHASH CHAND
State of Jharkhand – Appellant
Versus
Laxman Prasad, son of Late Munni Narayan Prasad – Respondent
JUDGMENT :
I.A. No. 1318 of 2020:
1. This interlocutory application has been filed for condoning the delay of 152 days, which has occurred in preferring this appeal.
2. No counter affidavit to the delay condonation application has been filed.
3. Heard the learned counsel for the appellants.
4. Having heard the learned counsel for the appellants and considering the statements made in this application, we are of the view that the appellants were prevented by sufficient cause in preferring this appeal within time.
5. Accordingly, this interlocutory application is allowed and the delay of 152 days in preferring this appeal, is hereby condoned.
L.P.A. No. 94 of 2020:
6. The instant appeal under clause 10 of the letters patent is directed against the order/judgment dated 07.08.2019 passed by the learned Single Judge in W.P.(S) No. 4025 of 2013, whereby and whereunder, the order dated 03.08.2004 by which the writ petitioner has been dismissed from service on charge of conviction in a criminal case, has been quashed and set aside by allowing the writ petition.
7. The brief facts of the case as per the pleading made in the writ petition which require to be enumerated herein, read as under:
The writ p
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....
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.
Departmental proceedings and criminal cases are distinct; acquittal in a criminal case does not invalidate disciplinary action if misconduct is proven.
(1) Departmental Proceeding – Nature of proceedings being wholly separate and distinct, acquittal in criminal proceedings does not entitle delinquent employee for any benefit in latter or automatic d....
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