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SANJIB BANERJEE, H. S. THANGKHIEW
State of Meghalaya – Appellant
Versus
Satya Narayan Roy – Respondent
JUDGMENT
Sanjib Banerjee, CJ. - The appeal is directed against a judgment and order of April 6, 2021 passed on the respondent's writ petition challenging the punishment of dismissal from service on the ground of the writ petitioner having indulged in immoral activities amounting to moral turpitude and tarnishing the image of the Police Department.
2. At the relevant time, the writ petitioner was a Sub-Inspector in the East Khasi Hills DEF. By a notice dated November 29, 2011, the writ petitioner was informed that in course of the investigation pertaining to a particular criminal case, it was revealed that 'on 17.03.2011 evening, you along with victim girl namely Miss Sanchita Dhar, Miss Kim Mercy Vaiphei and another two boys namely Bobby and Johny went to Assembly Hotel, Police Bazar and booked a room in your name. Thereafter, you indulged yourself in immoral activities with your accomplices which amounts to moral turpitude, tarnishing the image of the department as a whole.'
3. Following the writ petitioner's response and the protracted disciplinary proceedings, a terse, one-page order was passed by the Superintendent of Police as the disciplinary authority on August 10, 2013 conclud
The accused should be provided with relevant statements and given an opportunity to cross-examine witnesses in disciplinary proceedings. The lack of evidence supporting a disciplinary decision may ne....
Acquittal in a criminal case does not automatically lead to reinstatement in disciplinary proceedings unless charges and evidence are identical.
The main legal point established in the judgment is the need for the disciplinary authority to follow the principles of natural justice and impose proportionate punishment, considering the discretion....
The acquittal in a criminal case does not automatically absolve an employee from departmental disciplinary proceedings, and the standard of proof required in the two proceedings is different.
An order of acquittal in a criminal case does not necessarily bar departmental disciplinary proceedings, as the standards of proof and procedures are different.
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