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THE HIGH COURT OF ORISSA AT CUTTACK
MANASH RANJAN PATHAK, SIBO SANKAR MISHRA
State of Odisha – Appellant
Versus
Bansidhar Bariki – Respondent
| Table of Content |
|---|
| 1. judgment arises from a writ appeal concerning dismissal. (Para 1 , 2) |
| 2. factual allegations leading to disciplinary action. (Para 3 , 4 , 5) |
| 3. criminal case results and its impact on the respondent. (Para 6 , 7 , 8) |
| 4. arguments related to acquittal and departmental proceedings. (Para 9 , 10) |
| 5. nature of judicial review in disciplinary matters. (Para 11 , 12 , 13 , 14) |
| 6. rebuttals regarding findings of the disciplinary authority. (Para 15 , 16 , 17) |
| 7. comparison of findings by trial court and inquiry officer. (Para 18 , 19 , 20) |
| 8. conclusion of the writ appeal being dismissed. (Para 21) |
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 Advo
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.
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