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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.PANIGRAHI
Dharmapada Ghadei – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. background of the petitioner's disciplinary action. (Para 1 , 2 , 3) |
| 2. petitioner's arguments against disciplinary actions. (Para 4 , 5) |
| 3. jurisdictional issues regarding the writ petition. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 4. judicial review standards in disciplinary proceedings. (Para 13 , 14 , 15 , 16 , 17) |
| 5. analysis of the authority in initiating disciplinary procedures. (Para 18 , 19 , 20 , 21 , 22) |
| 6. distinction between departmental and criminal proceedings. (Para 24 , 26 , 28) |
| 7. criteria for honorable acquittal in reinstatement cases. (Para 30 , 34) |
| 8. conclusion on the dismissal of writ petitions. (Para 36 , 37 , 38) |
JUDGMENT :
Dr. S.K. Panigrahi, J.
1. The Petitioner, through W.P.(C) No.17035 of 2016, seeks to challenge the order of the Disciplinary Authority dated 23.12.2014 passed by Chairman-cum- Managing Director, Coal India Ltd. as well as order of Appellate Authority dated 30.08.2016 passed by Board of Directors, Coal India Ltd. Kolkata whereby the major punishment of removal from service has been inflicted upon the petitioner for he was prosecuted by the CBI under Section-7 of Prevention of Corruption Act, 1988 confirmed by the Appellate Authority a
An acquittal based on a benefit of doubt does not equate to an honourable acquittal necessary for reinstatement following a disciplinary action.
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: 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 ....
Disciplinary proceedings must adhere to natural justice principles. Acquittal in related criminal cases warrants reconsideration of departmental actions.
Acquittal in a criminal case does not entitle automatic reinstatement in employment; employers have discretionary power in disciplinary proceedings based on misconduct.
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....
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