IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Selina Parichha – Appellant
Versus
State of Odisha – Respondent
ORDER :
BIRAJA PRASANNA SATAPATHY, J.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel appearing for the Parties.
4.1. It is contended that such a proceeding was initiated because of the husband of the Petitioner’s implication in the aforesaid Berhampur Vigilance P.S. No.43 dtd.04.12.2009.
4.2. Learned counsel appearing for the Petitioner contended that husband of the Petitioner prior to disposal of the vigilance proceeding was imposed with the punishment of one Black Mark and period of suspension from 05.12.2009 to 14.02.2011, was treated as such vide order dtd.18.10.2014 of Opposite Party No.3 under Annexure-8. Appeal preferred by the husband of the Petitioner was also rejected by the appellate authority-Opposite Party No.2 vide the impugned order dtd.10.06.2015 under Annexure-10.
4.3. However, since in the vigilance proceeding, husband of the Petitioner was acquitted vide judgment dtd.10.05.2018 under Annexure-11-Series, Petitioner seeking quashing of the order of punishment moved an application before Opposite Party No.2 on the ground that because of acquittal of her husband in the vigilance proceeding, the order of punishment p
Clean acquittal in criminal proceedings can nullify disciplinary actions when the charges and evidence are identical, reflecting the need for fair evaluation.
A clean acquittal in a criminal case can lead to quashing of disciplinary actions based on identical charges, emphasizing justice and fairness in administrative proceedings.
Acquittal in criminal proceedings affects related disciplinary actions on identical charges; failing to recognize this may result in unjust penalties.
Acquittal in criminal proceedings can necessitate reconsideration of disciplinary action when charges are identical.
An acquittal in criminal proceedings warrants reconsideration of disciplinary punishments based on identical charges, as failing to do so is deemed unjust.
Disciplinary proceedings against a public servant must cease if the charges are identical to those leading to an honourable acquittal in a criminal case, ensuring fairness in due process.
Acquittal in criminal proceedings on charges identical to those in disciplinary actions necessitates a re-evaluation of the disciplinary decision to avoid injustice.
Acquittal in criminal proceedings may necessitate reconsideration of disciplinary appeals when charges are the same, prioritizing justice over procedural delays.
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