RAJESH SHANKAR
Shiv Shankar Tudu – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Rajesh Shankar, J.
W.P.(S) No. 3127 of 2022 has been filed for the following reliefs :
(ii) For quashing Jamtara District Order No. 440/2022 as contained in memo no. 755 (A) dated 29.05.2022 (Annexure-16 to the writ petition) passed by the respondent no. 4 – the Superintendent of Police, Jamtara by which the order of dismissal of the petitioner from service has been made effective with effect from 25.04.2022 and order to delete his name from all the registers has been passed.
(iii) For quashing the part of the
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The principles of natural justice require an opportunity to be heard before dismissal, and acquittal in a criminal case must be considered in departmental 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....
Departmental proceedings and criminal cases are distinct; acquittal in a criminal case does not invalidate disciplinary action if misconduct is proven.
Acquittal in a criminal case does not automatically lead to reinstatement in disciplinary proceedings unless charges and evidence are identical.
The court emphasized that the enhancement of penalty, the nature of the petitioner's acquittal, and the proportionality of the punishment were crucial in reaching its decision.
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.
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.
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....
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.
(1) Departmental proceeding is different from a criminal proceeding – Whereas in a departmental proceeding a delinquent employee can be held guilty on the basis of preponderance of probabilities, in ....
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