IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Ranjan Kumar Behera – Appellant
Versus
State Of Odisha – Respondent
JUDGMENT :
Biraja Prasanna Satapathy, J
1. This matter is taken up through hybrid mode.
2. Heard Ms. B.K. Pattanaik, learned counsel appearing for the Petitioner and Mr. C.K. Pradhan, learned Addl. Govt. Advocate appearing for the Opp. Parties.
3. The present writ petition has been filed inter alia challenging order dtd.29.06.2024 so passed by Opp. Party No. 2 under Annexure-8 and the order of discharge issued vide order dt.14.09.2021 under Annexure-3.
4. Learned counsel appearing for the Petitioner contended that Petitioner was engaged as a Home Guard, where he joined in the year 2008. However, while so continuing and because of his implication in Olatpur P.S. Case No. 72 dtd.08.07.2021 for the offence under Sec. 341, 294, 506, 307/34 of IPC , Petitioner was discharged from his duty vide order dtd.14.09.2021 under Annexure-3.
4.1. It is contended that in the said criminal proceeding Petitioner when was acquitted vide Judgment dtd.02.02.2022 by the learned CJM-cum-Assistant Sessions Judge, Cuttack in S.T. No. 233 of 2021/ S.T. No. 50 of 2021 arising out of the aforesaid Olatpur P.S. Case No. 72 of 2021, Petitioner made a grievance before Opp. Party No. 3 with a prayer to reengage him as
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 may necessitate re-engagement in public service if charges are identical, reinforcing the need for proper judicial consideration of circumstances in disciplinary ....
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.
Acquittal in criminal proceedings affects related disciplinary actions on identical charges; failing to recognize this may result in unjust penalties.
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