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ORISSA HIGH COURT
STATE OF ODISHA – Appellant
Versus
BANSIDHAR BARIKI – Respondent
JUDGMENT :
S.S. Mishra, J.
The present Writ Appeal arises from the judgment dated 20.11.2024 passed by the learned Single Judge in W.P.(C) No.2265 of 2023, whereby the learned Single Judge was pleased to set aside the order of dismissal dated 05.07.2022 passed by the Superintendent of Police, Kandhamal and the appellate order dated 13.12.2022 passed by the Inspector General of Police, Southern Range, Berhampur, and further directed reinstatement of the writ petitioner with all consequential service and financial benefits.
2. Heard Mr. Debaraj Mohanty, learned Additional Government Advocate, appearing for the appellants-State and Mr. Srinivas Mohanty, learned counsel on behalf of the respondent/writ petitioner.
3. The facts of this case, in brief, are that the respondent was serving as a Constable in the Odisha Police establishment. On the basis of an allegation arising out of Kandhamal Sadar P.S. Case No.68 dated 29.05.2015, registered under Section 20(b)(ii)(C) read with Section 29 of the NDPS Act, he came under the scanner and was exposed to both criminal prosecution and departmental proceedings.
4. The criminal case started with the alleged illegal transportation of ganja in a TATA M
Acquittal in criminal proceedings does not preclude disciplinary actions unless misconduct is independently substantiated; failure to establish such misconduct renders the dismissal legally untenable....
Acquittal in criminal proceedings impacts related departmental inquiries; due process violations render disciplinary actions void.
Acquittal in criminal proceedings does not guarantee reinstatement in service due to differing standards of proof in departmental inquiries.
(1) Departmental proceeding is different from a criminal proceeding – Whereas in a departmental proceeding a delinquent employee can be held guilty on the basis of preponderance of probabilities, in ....
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.
The dismissal of a police officer based on departmental proceedings was unjustified as the charges were not proven, and acquittal in criminal proceedings must be considered.
The court held that a disciplinary dismissal based on unproven charges is unjustified, especially when the employee is acquitted in related criminal proceedings.
Departmental proceedings and criminal cases are distinct; acquittal in a criminal case does not invalidate disciplinary action if misconduct is proven.
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