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S. N. PATHAK
Krishna Mohan Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
S.N. PATHAK, J.
In all these writ petitions, common questions of law are involved and the facts are also almost similar, as such, they are heard together and are being decided by this common order with the consent of the parties.
2. Heard the parties.
Prayer
3. The petitioners have challenged their penalty orders, appellate orders and the revisional orders passed by the disciplinary authority, appellate authority and revisional authority respectively.
4. In W.P.(S) No. 1889 of 2021, the penalty order contained in District Order No. 4195/2019 dated 30.8.2019 (Annexure-6) is under challenge. The appellate order contained in Memo No. 1378 dated 27.4.2020 (Annexure-8) and the revisional order contained in Memo No. 242 dated 28.12.2020 (Annexure-10) are also under challenge.
5. In W.P.(S) No. 1917 of 2021, the penalty order contained in District Order No. 4195/2019 dated 30.8.2019 (Annexure-6), appellate order contained in Memo No. 1376 dated 27.4.2020 (Annexure-8) and the revisional order contained in Memo No. 229 dated 14.12.2020 (Annexure-10) are under challenge.
6. Similarly, in W.P.(S) No. 1636 of 2021, the penalty order contained in District Order No. 4193/2019 dated 30.8.2019
The distinction between criminal acquittal and departmental proceedings is crucial; acquittal does not imply innocence in disciplinary contexts, and the standard of proof in disciplinary matters is l....
Acquittal in criminal proceedings does not negate the authority's power to impose disciplinary action when misconduct is proven by preponderance of probabilities.
In departmental proceedings, the standard of proof is based on the preponderance of probabilities, and the court will not interfere with the disciplinary authority's findings unless there is a clear ....
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.
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 main legal point established in the judgment is the need for the disciplinary authority to follow the principles of natural justice and impose proportionate punishment, considering the discretion....
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