Punishment in disciplinary case and acquittal in criminal case.whether the punishment to be quashed?
Isaac Gabriel
(Querist) 01 May 2014
This query is : Resolved
Disciplinary action and criminal case are founded on the same matter.Department awarded a punishment of reduction in rank.But criminal case ended in honourable aquittal after seven years.The department refuses to revoke the punishment.Is there any legal remedy?
Sudhir Kumar, Advocate
(Expert) 01 May 2014
prima-facie appears to be nothing illegal.
the case did not prove in court based on the standard of evidence in criminal court so accused is not sent to Jail.
But charge did prove in departmental inquiry based on standard of evidence in deptt inquiry.
This happens in many cases.
Advocate. Arunagiri
(Expert) 01 May 2014
Departmental enquiry is different from Court proceedings.
If there are common grounds for the two proceedings, if the employee is acquitted, he can demand discharge in the departmental enquiry also.
Guest
(Expert) 01 May 2014
Since the appeal/review time in departmental inquiry case would already have expired, punishment can be quashed only through a separate case to be filed in the court/CAT (as the case may be). But that would depend upon what was the exact nature charge in court case and departmental inquiry case individually.
Devajyoti Barman
(Expert) 01 May 2014
There are conflicting decisions on this very issue. You can go through to choose which one applies to your case.
malipeddi jaggarao
(Expert) 01 May 2014
If you give full facts - the charge sheet in the departmental enquiry and criminal case and the findings of departmental enquiry and judgement of criminal case in nut-shell, you may get more assistance from members.
Rajendra K Goyal
(Expert) 01 May 2014
agree with the advise of expert PS Dhingra ji, as appeal time in departmental proceedings might have gone / appeal rejected, relief through legal procedure can be claimed.
P. Venu
(Expert) 01 May 2014
The matter could be re-agitated if the acquittal in criminal proceedings has been on merits.
Sudhir Kumar, Advocate
(Expert) 01 May 2014
without facts of the cse I cannot agree or disagree with Mr P Venu
T. Kalaiselvan, Advocate
(Expert) 03 May 2014
Though the subject matter may be same in both the cases, the charges may be different in them. Until the facts are not made clear no proper opinion can be given.
