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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
SUBODH ABHYANKAR
Gokul Singh Mandot – Appellant
Versus
State of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. petition for quashing termination orders (Para 1 , 2) |
| 2. background of criminal and departmental proceedings (Para 3 , 4 , 5) |
| 3. acquittal in criminal case and its implications (Para 6 , 7 , 8) |
| 4. argument for excessive punishment in departmental enquiry (Para 9 , 10 , 11 , 12 , 13) |
| 5. opposition to revisiting previous decisions (Para 14 , 15) |
| 6. charge details and trial court considerations (Para 16 , 17) |
| 7. critical analysis of acquittal impact on disciplinary actions (Para 18 , 19 , 20 , 21 , 22) |
| 8. ruling on dismissal being uncalled for (Para 23) |
| 9. court's final decision and orders (Para 24 , 25) |
ORDER :
1. This petition has been filed by the petitioner under Article 226 of the constitution of India seeking following relief:-
“7.1 That this Hon'ble Court may be pleased to issue appropriate writ/order/direction to quash the order dated 30.5.2024 and 20.11.2024 (P/1& P/2) passed by the respondent no.3 and 3.
7.2 That this Hon’ble Court may further please to direct that respondent to reinstate the petitioner in service and grant all consequential benefits including the monitory benefits.
7.3. That allow the petition with cost.
7.4 That any other relied this Hon’ble Court may
The court emphasized that prior acquittals in criminal proceedings should substantially impact disciplinary actions arising from the same facts, deeming unjust excessive penalties like dismissal.
Acquittal in criminal proceedings does not negate the authority's power to impose disciplinary action when misconduct is proven by preponderance of probabilities.
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.
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