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P. B. BALAJI
M. Ravi – Appellant
Versus
Principal Security Commissioner & Disciplinary Authority Railway Protection Force Integral Coach Factory, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the 1st respondent in connection with the impugned orders passed by him in Ref.No.M/XP/227/07/2010 dated 11.12.2018 and confirmed by the 2nd respondent in Ref.No.2019/SEC(E)/DAr/3/19 dated 29.04.2019 and quash the same and direct the respondents to reinstate the petitioner into service and grant him all consequential service and monetary benefits.)
1. The Writ Petitioner has filed the above Writ Petition seeking issuance of a Writ of Certiorarified Mandamus to quash the impugned order of the 1st respondent dated 11.12.2018 and confirmed by the 2nd respondent on 29.04.2019 and to consequently direct the respondents to reinstate the petitioner, with all consequential service and monetary benefits.
2. The case of the petitioner, as seen from the affidavit filed in support of the Writ Petition is that, the petitioner entered services of the respondents as a Police Constable on 01.04.1987. The petitioner was falsely implicated in a criminal case file by one M.Ekambaram, alleging that the petitioner had demanded an amount of Rs.70
The main legal point established in the judgment is the need for following prescribed procedures and exercising discretion within the bounds of the law in disciplinary proceedings, especially in case....
The High Court does not act as an appellate authority in disciplinary matters and will not interfere with the quantum of punishment unless it is shocking to the conscience.
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....
Acquittal in criminal proceedings does not negate the authority's power to impose disciplinary action when misconduct is proven by preponderance of probabilities.
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