IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Tapan Kumar Pradhan @ Tapan Pradhan – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner's prayer for mandamus. (Para 3) |
| 2. petitioner's discharge and acquittal. (Para 4 , 5) |
| 3. court's analysis and determination. (Para 7) |
| 4. writ petition disposition order. (Para 8) |
JUDGMENT :
1. On the oral prayer made by learned counsel for the petitioner, he is permitted to correct the description of O.P.No.3 in Court.
3. Petitioner has filed the present Writ Petition inter alia with the following prayer:-
i ) quashing the order dtd. 19.3.2024 passed by the Opp. Party no.2 under annexure-7 and directing the Opp. parties to give the petitioner re-appointment to the post of Home Guard in Sambalpur district.
iii ) to pass such other order/orders and to issue such other writ/writs as would afford complete relief to the petitioners;”
4.1. It is contended that challenging such order passed on 20.04.2018, petitioner approached this Court by filing W.P.(C) No.15879 of 2019. This Court vide order dated 30.04.2024, while setting aside the order dated 20.04.2018, disposed of the Writ Petition by directing the O.P. No.2 to take a fresh decision taking into account the decision of the Hon’ble Apex Court in the case of Ram Lal Vrs. State of Rajasthan and Ors. (Civil Appeal N
An acquittal in criminal proceedings may necessitate re-engagement in public service if charges are identical, reinforcing the need for proper judicial consideration of circumstances in disciplinary ....
Acquittal in criminal proceedings does not assure reinstatement in public service; context and evidence from both criminal and disciplinary proceedings must be thoroughly evaluated.
An acquittal in criminal proceedings following a dismissal from service due to conviction can justify reinstatement if the related charges substantially overlap, ensuring fairness in judicial review.
An acquittal in criminal proceedings warrants reconsideration of disciplinary punishments based on identical charges, as failing to do so is deemed unjust.
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