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IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Hemanta Kumar Bhoi – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. dismissal due to conviction and subsequent acquittal. (Para 3 , 4) |
| 2. arguments against reinstatement based on perceived nature of acquittal. (Para 5 , 6) |
| 3. court's position on entitlement to reinstatement after acquittal. (Para 7) |
| 4. court quashes dismissal order and mandates reinstatement. (Para 8) |
JUDGMENT :
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
3. The present Writ Petition has been filed inter alia challenging order passed on 30.06.2015 under Annexure-5 and further order passed on 22.04.2024 under Annexure-9 as well as order dtd.28.08.2024 under Annexure-12.
4.1. It is however contended that challenging such order of conviction and sentence, Petitioner approached this Court by filing Criminal Appeal No.318 of 2015. This Court vide judgment dtd.19.10.2023 under Annexure-6, while allowing the appeal set aside the order of conviction and sentence passed on 29.05.2015.
4.3. It is contended that this Court in its order under Annexure-11, directed the Appellate Authority to take into consideration of the decision of the Hon’ble Apex Court in the case of Ram Lal Vs. State of Rajasthan and Ors. /b>. (Civil Appeal No.7935 of 2023). Ho
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.
Point of law: Mere acquittal in a criminal case is not conclusive of the suitability of the candidate to the post concerned. If a person is acquitted or discharged, it cannot always be inferred that ....
Mere acquittal in a criminal case does not guarantee reinstatement for public servants, especially if integrity concerns persist following a conviction overturned on technical grounds.
The acquittal in a criminal case, not being an honourable acquittal, does not automatically entitle the petitioner to reinstatement. The employer's concern regarding the integrity, honesty, and trust....
Acquittal in criminal proceedings may necessitate reconsideration of disciplinary appeals when charges are the same, prioritizing justice over procedural delays.
An employee dismissed after a conviction may be reinstated upon acquittal, as the nature of the acquittal does not alter rights when no departmental inquiry was conducted.
Reinstatement after acquittal does not automatically entitle a dismissed employee to back wages for the dismissal period, particularly if the dismissal was grounded on conviction.
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