Back
INDRAJIT MAHANTY, S. G. CHATTOPADHYAY
Sarada Nama Sudra – Appellant
Versus
State of Tripura – Respondent
JUDGMENT
S.G. Chattopadhyay, J. - This writ appeal is directed against the order dated 26.08.2021 passed by the learned Single Judge in W.P.(C) 79 of 2021 whereby the learned Single Judge dismissed the writ petition of the appellant who was dismissed from service due to his involvement in a criminal case. The writ petition was filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the State-respondents to reinstate the writ petitioner (appellant herein) in service in view of his acquittal from the criminal case.
2. The factual background of the case is as under:
Appellant, Sarada Nama Sudra of Salema of Dhalai district was appointed as a Special Police Officer (SPO for short) in Khasiapunjee TSR Camp under Salema Police Station by an order of the District Magistrate and Collector of Dhalai district issued on 19.08.2002 [Annexure-1 to the writ petition]. It was stated in his said appointment letter that he was appointed as an SPO along with others for a period of 3(three) months from the date of issuance of the letter for maintaining peace and protecting the life and property of the inhabitants of the area of his jurisdiction. Engagement of the appel
Delay in seeking judicial remedy precludes relief for service termination related to misconduct, despite later acquittal.
Acquittal in a criminal trial does not confer automatic rights to reinstatement for daily wage employees, as their employment lacks vested rights.
Where services of an employee has been terminated only for the simple reason of his involvement in a criminal case and when ultimately he is acquitted and it is a clean acquittal, the stigma attached....
The standards of proof in criminal and departmental proceedings differ, affecting the relevancy of acquittal.
Acquittal in criminal proceedings impacts related departmental inquiries; due process violations render disciplinary actions void.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
