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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, K.SURENDER
N.Nithyanand(Died) S/o Natrayaqn – Appellant
Versus
Superintendent Of Police – Respondent
Judgment :
S.M.Subramaniam, J.
Writ Appeal has been instituted to assail the writ order dated 11.12.2020 passed in W.P.No.19404 of 2007. Another writ petition came to be filed by the deceased Appellant, Mr.N.Nithyanantham in W.P.No.21131 of 2017 challenging the order of removal as well as the appellate order passed by Inspector General of Registration and Director General of Police. Since the first writ petition had been instituted challenging the order of removal passed by the original authority as well as by the first appellate authority, both the writ appeal and the writ petition are taken together for hearing and the following common order is passed.
2. The legal issue involved in the present lis is about simultaneous proceedings i.e., departmental disciplinary proceedings and criminal proceedings against a public servant.
3. The governing legal principles on simultaneous proceedings are:
i) The departmental domestic enquiry and the criminal trial shall proceed simultaneously and the decision in the criminal case would not materially affect the outcome of the domestic enquiry.
ii) The nature of both proceedings and the test applied to reach a final conclusion in the matter are entire
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....
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.
Point of law : Courts will not act as an appellate court and reassess the evidence led in the domestic enquiry, nor interfere on the ground that another view is possible on the material on record.
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