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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MS.JUSTICE R.N.MANJULA, J
Abdul Hakim – Appellant
Versus
Principal Secretary to Govt – Respondent
ORDER :
The petitioner has filed this Writ Petition to call for the records of the order passed by the second respondent in Po.Thu.N.K.No.E.6/36252/2015 dated 10.05.2019 confirming the order passed by the first respondent made in G.O.No.422, Municipal Administration and Water Supply Department (M.N.3) dated 13.10.2016, confirming the order passed by the first respondent in Po.Thu.Na.Ka.No.E.6/36252/2015 dated 20.10.2015 and order passed by the third respondent made in M.V.A.Na.Ka.No.A.5/002236/2015 dated 09.06.2015 and quash the same as illegal, arbitrary and nonest in law and consequently, direct the third respondent to grant all attendant service benefits such as notional promotion with continuity of service and all other monetary service benefits with effect from 02.10.2008 to the petitioner with reasonable rate of interest.
2. Heard Mrs.R.Dakshayini Reddy, learned Senior Counsel for the petitioner, Mr.S.Rajesh, learned Government Advocate for R1 and Mr.G.T.Subramanian, learned Standing Counsel for R2 and R3 and perused the materials available on record.
3. The brief facts of the case are as follows:
The petitioner was appointed as Casual Labour in the year 1969 and he was promoted
The acquittal in a criminal case impacts disciplinary proceedings when both are based on the same evidence, necessitating a reevaluation of the disciplinary action.
An acquittal in a criminal case influences disciplinary proceedings if based on identical facts; punitive actions must respect judicial findings to avoid injustice.
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 acquittal in a criminal trial should be considered in Disciplinary Proceedings, and there is a need for protection of honest employees from false implication.
Acquittal in a criminal case must be considered in related departmental proceedings when based on identical facts.
Acquittal in criminal cases may impact disciplinary proceedings if both are based on the same set of facts; disciplinary action cannot persist against a person acquitted in criminal court under simil....
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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