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Jitendra Kumar Yadav – Appellant
Versus
Union of India – Respondent
JUDGMENT :
1. Learned counsel for the petitioner is permitted to correct the name of respondent no.4 as Smt. Pooja Devi in place of Smt. Pushpa Devi in the array of parties during the course of the day.
2. Heard Sri Ashok Kumar Yadav, learned counsel for the petitioner and Sri Rajnish Kumar Rai, learned counsels for the respondent nos. 1 to 3.
3. This writ petition has been filed by the petitioner challenging the inquiry report dated 28.09.2021 submitted by respondent no.3 where by certain allegations has been made against the petitioner.
4. Learned counsel for the petitioner submits that the petitioner was posted as Constable in RPF post/Belgachia, Metro Railway, Kolkata and discharging his duties upto the satisfaction of his superior. The respondent no.4, Smt. Pooja Devi (wife of the petitioner), filed N.C.R. against the petitioner on 10.09.2020, which was registered as N.C.R. No. 82 of 2020, under Section 494 IPC. Thereafter, again Smt. Pooja Devi filed an application U/s 155(2) Cr.P.C. before the Judicial Magistrate, Saidpur District-Ghazipur, under Section 494 IPC. On the aforesaid application, the concerned Judicial Magistrate passed order dated 20.10.2020 directing the concerned
Point of law : Courts will not act as an appellate court and reassess the evidence led in the domestic enquiry, nor interfere on the ground that another view is possible on the material on record.
Point of Law : Arguments advanced are clearly devoid of substance, as in present case, at no point of time any departmental enquiry has been held in the past, wherein petitioner has been exonerated, ....
Disciplinary proceedings can proceed independently of pending criminal cases without equating their standards of proof; acquittal in criminal cases does not invalidate departmental findings.
The main legal point established in the judgment is that departmental proceedings can be conducted simultaneously with criminal trials, except in cases where the defence of the employee in the crimin....
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