judgments
Querist :
Anonymous
(Querist) 26 June 2011
This query is : Resolved
the highcourt acqiotted an amployee in a govt undertaking instituation. the person was reemployed with an order that no moneytary benefits will be given and bo back wages will be paid on the principle of no work no pay and also the order states that theacqittal is not clean and honourabe but on benefit of doubt.
is there any possibility to commen t like above by the undertaking institution of the high court judegment. what is action to be taken, if needed.
venkatesh Rao
(Expert) 26 June 2011
The domestic inquiry is parallel and independent of the criminal proceedings. In your case since the acquittal is out of benefit of doubt, the disciplinary authority is well within its power to have passed such orders. I am afraid the high court/ administrative tribunal will be slow to interfer with such orders no work no pay in other words, suspended period. The disciplinary authority can even pass order of discharge/dismissal depending on the standard of proof in the inquiry proceedings.
