IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Pradyumna Mohapatra – Appellant
Versus
State of Odisha – Respondent
JUDGMENT :
Biraja Prasanna Satapathy, J.
1. This matter is taken up through hybrid mode.
2. Heard Ms. K.R. Choudhury, learned counsel appearing for the Petitioner and Mr. A. Tripathy, learned Addl. Govt. Advocate appearing for the Opp. Parties.
3. The present writ petition has been filed inter alia with the following prayer:-
“In the facts and under the circumstances stated above, the Hon’ble Court would graciously be pleased to admit this WRIT application, call for record and
i. Issue Rule NISI calling upon the Opp. Party to show cause, as to why the Order of punishment under Annexure-3 and the consequential Order under ANNEXURE-6 shall not be quashed; and if the they fail to show cause or show insufficient cause make the Rule absolute;
ii. Issue a writ in the nature of mandamus directing the O.P.to grant all consequential service benefits as admissible under the law.
iii. Issue any appropriate writ(s)/direction(s)/order(s) deemed fit in the fact and circumstances of the case.”
4. Learned counsel appearing for the Petitioner contended that while continuing in service, the proceeding in question was initiated vide charge memo dtd.30.12.2014, because of the allegation of bigamy made by the w
An acquittal in criminal proceedings warrants reconsideration of disciplinary punishments based on identical charges, as failing to do so is deemed unjust.
Acquittal in criminal proceedings may necessitate reconsideration of disciplinary appeals when charges are the same, prioritizing justice over procedural delays.
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 affects related disciplinary actions on identical charges; failing to recognize this may result in unjust penalties.
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.
Disciplinary penalties cannot stand where an employee has been acquitted in criminal proceedings on identical charges, preserving justice and fairness in administrative actions.
Clean acquittal in criminal proceedings can nullify disciplinary actions when the charges and evidence are identical, reflecting the need for fair evaluation.
Acquittal in a criminal case does not automatically lead to reinstatement in disciplinary proceedings unless charges and evidence are identical.
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