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Avinash dagaonkar   27 April 2024

Reinstatement after acquittal by trial court

Dear Sir,

 

I was dismissed by Bank after Disciplinay proceedings but before Trial Court decision, which acquitted me hounorably  of the same set of charges. After that i applied the Bank for reinstatement but the Bank is NOT reinstating me. What to do now? 



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     27 April 2024

There is no hard and fast rules that the bank has to reinstate you just becasue the criminal case against you had been decided in your favor by acquittig you.

A supreme court judgment states: that Court Can Quash Disciplinary Proceedings Considering Acquittal In Criminal Case On Same Charges.

The Supreme Court in recent judgment discussed the validity of disciplinary proceedings when it is based on same evidence/ witnesses/ circumstances in a criminal case that ended up in acquittal."...mere acquittal by a criminal court will not confer on the employee a right to claim any benefit, including reinstatement.

Court expressed that when the accused is acquitted after full consideration of the prosecution case and the prosecution miserably fails to prove the charges levelled against the accused, it can possibly be said that the accused was honourably acquitted.

If the bank is of the view that the purpose of the departmental proceedings is to keep persons, who are guilty of serious misconduct or dereliction of duty or who are guilty of grave cases of moral turpitude, out of the department, if found necessary, because they pollute the department and thus terminated as per the inquiry report in the departmental inquiry, then the employee's request to reinstate may not be entertained by the employer just because he was acquitted. 

P. Venu (Advocate)     27 April 2024

Yes, the acquittal in criminal case need not lead to reinstatement of the employee dismissed after disciplinary proceedings on the same incident. The reasons are obvious. In a criminal case, the charges need to be proved beyond reasonable doubt where as in a disciplinary/departmental proceedings the standard of proof required is that of preponderance of probability.

However, the acquittal in the criminal proceedings offer a glimmer of hope for the employee. If no response form the Bank, you seek judicial review through Writ Petition before the High Court.

Any definite suggestions as to the ground to be urged in the WP requires that the documents be perused and issues discussed.


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