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SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Saraswati Devi w/o Late Ramesh Vishwakarma – Appellant
Versus
Central Coalfields Ltd. through its Chairman-cum-Managing Director – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
I.A. No. 9385 of 2023:
1. This interlocutory application has been filed for condoning the delay of 47 days, which has occurred in preferring this appeal.
2. No counter to the delay condonation application has been filed.
3. Heard the parties.
4. Having heard the learned counsel for the parties and considering the statements made in this application, we are of the view that the appellants were prevented from sufficient cause in preferring this appeal within time.
5. Accordingly, this interlocutory application is allowed and the delay of 47 days in preferring this appeal, is hereby condoned.
L.P.A. No. 217 of 2022:
Prayer:
6. The instant appeal under clause 10 of the letters patent is directed against the order/judgment dated 14.02.2022 passed by the learned Single Judge in W.P.(S) No. 1131 of 2021, whereby and whereunder, the writ petition has been dismissed refusing to interfere with the order of dismissal dated 25.07.2020 on being sought to recall the order of dismissal after acquittal in the criminal case.
Facts:
7. The brief facts of the case as per the pleading made in the writ petition which requires to be enumerated herein, reads as under:
The original
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 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....
Departmental proceedings and criminal cases are distinct; acquittal in a criminal case does not invalidate disciplinary action if misconduct is proven.
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....
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 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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