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S. M. SUBRAMANIAM
G. Krishnan – Appellant
Versus
Additional Director General of Prisons, Egmore, Chennai – Respondent
JUDGMENT
(Prayer : Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, calling for the records relating to the proceedings of the respondents 1, 2 & 4 dated 22.10.2010, 19.12.2009 and 15.10.2012 issued in proceedings No.6804/EW-1/2010, 4060/Mu.Vu./2009, 11469/Po-1/96 and G.O.(D).No.854 Home (Prison-2) Department respectively and quash the same and consequently to direct the 3rd respondent to reinstate the petitioner into service with all attendant service and monetary benefits.)
1. The order of dismissal from service issued in G.O.(D).No.854, Home (Prison-2) Department dated 15.10.2012 is under challenge in the present writ petition.
2. The writ petitioner joined as a Grade-II Warder in Prison Service on 21.03.1988.
3. A charge memo was framed against the writ petitioner under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules on 29.10.1999. The charge against the writ petitioner was that on 24.08.1996 at about 9.15 p.m., the petitioner thrown bundle of prohibited article (Ganja) inside the Prison for handing it over to the Prisoner No.2573, Muthu Krishnan. When the information was passed on to the Jaile
The acquittal in a criminal case does not automatically absolve an employee from departmental disciplinary proceedings, and the standard of proof required in the two proceedings is different.
An order of acquittal in a criminal case does not necessarily bar departmental disciplinary proceedings, as the standards of proof and procedures are different.
Departmental proceedings and criminal cases are distinct; acquittal in a criminal case does not invalidate disciplinary action if misconduct is proven.
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 acquittal in a criminal case impacts disciplinary proceedings when both are based on the same evidence, necessitating a reevaluation of the disciplinary action.
Acquittal in a criminal case does not automatically lead to reinstatement in disciplinary proceedings unless charges and evidence are identical.
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