Reinstatement after acquittal in cr case possible?

@Kumar Doebji

The file Nos are given belowl

1 Supreme court Civil Appeal 10729 of 2013

2.Madras Hc WP 20530 of 2015

Dear Mr. Issac Gabriel,

Thanks for sharng in  the forum.

These judgments cited by you can be downloaded from the  court websites.

Dear LCI Querist @ Mr. S.C. Behera,

LCI Admin

All Readers 

The judgments shared by Mr. Isaac Gabriel are:

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 10729 OF 2013

(@ Special Leave Petition (Civil) No.29808 of 2010)

State of West Bengal & Ors. … Appellants

Versus

Sankar Ghosh … Respondent

https://indiankanoon.org/doc/16056318/

Dear LCI Querist @ Mr. S.C. Behera,

LCI Admin All Readers 

The judgments shared by Mr. Isaac Gabriel are:

 

https://indiankanoon.org/doc/152765068/

Dear LCI Querist @ Mr. S.C. Behera,

LCI Admin

All Readers 

The courts of law find…………………  that the recorded findings were based either on no evidence or that the findings are wholly perverse and/or legally untenable…………

Originally posted by : Dhingra, 1962dcg@gmail.com
	Originally posted by : S C Behera Mr Doab, My appeal to my Appellatte authority was turned down before I was awarded acquittal by the Ld CBI court. As per the norms stipulated in our Staff Regulataion the Disciplinary Proceeding culminated in submission of Memorial (the final appeal) to the Chairman. I have already sent my Memorial which is still under consideration. On receiving the verdict from CBI court, I have also sent a rejoinder annexing the verdict requesting him to consider the Memorial in the light of the present development as well. It is only when all departmental proceedings are exhausted and the process is futile, I shall seek legal remedy in appropriate forum. My intention to send the verdict to you (you is plural here) was to obtain your (plural) opinion whether the same is an honourable acquittal or not. A careful and objective reading of the verdict will transpire that the same is an honourable one, but your thought processes are more comprehensive and technical. But the verdict is a 120 page docunent in hard copy. Retyping is an enormous task. I communicated the development to all my experts , who were kind enough to correspond me in PM. For those who were gracious enough to reflect their opinion in the thread, must have found my post in the thread. My heartfelt gratitude to all my experts to have cast their thought and opinion on my issue in hour of need and crises. My sprecial thanks to you, Mr Doab, is intended for a special favour that deserves mention and that was your article on acquittal and reinstatement. It has helped me tremendously to gain a comprehensive notion over the issue. My special thanks to Sir Gabriel as well for communicating me the judgement on the case of Goutam Bhattacharjee and Kolkata Municipal Corporation on the self same matter. I shall be taking help of an able counsel as and when it will be time, as advised by you; but chosing the right person here is quite a task. I request you to forward me recent judgements on the selfsame matter, if amy. I express my sincere gratefuless to all my experts who have been kind enough to contribute to my thread. I hope you would not deny me of this previlege.   Dear S C Behera, There is nothing wrong in expressing your gratitude to Mr. Kumar Doab due to his article on reinstatement & suspension, may that be a copy pasted article, but could impart some knowledge to you. The article, however, seems to deal with only one aspect of criminal trial, not linked with the departmental disciplinary rules, along with criminal trial. So, the fact should not be ignored that unless you are cleared from the departmental disciplinary case, your claim for reinstatement would remain doubtful. However, if placed on deemed suspension merely on account of your police/ judicial custody and prosecution in criminal case, you have the need to convince the departmental authorities that the deemed suspension is required to be revoked on your being acquitted from the criminal case by the court. But, if suspended on account of departmental disciplinary inquiry case, you can expect revocation from suspension only after you get exonerated from the departmental case. So, you have the need to cautiously plan, how to proceed by making a review of both the cases in totality, so as to assure that both of the cases get dealing duly delinked from one another by your organization. In fact, the employees as well as the lawyers try to make a wrong mix up of both the cases, while both should be dealt with separately, one under the criminal laws and the other under the departmental conduct and discipline rules. Even if you go to the court with the hope to get order on reinstatement, there is sufficient in-built cussion in the provisions of the departmental rules for the departmental authorities to use their discretion in such matters and can scuttle down your plea even in the court of law, if the case is handled by ignoring provisions of the departmental rules. Rest depends upon your own wisdom how to handle the departmental case now.

LCI Admin

All Readers,

Dear LCI Querist @ Mr. S.C.Behera,

You have already quoted the extent rules that apply in your case and that you have acted in acordance with these and in consultation with your LOCAL counsels as well.

You may check LOCALLY and find a counsel that has been legal cell of yur establishment and has retired and is in practise.

Such counsel shall be fully well versed with finer nuances of your establishment and having rich experience in handling matters of your establishment including but not limited to Appeal, Memorial..................

In some cases Avocate Mr.Malhotra that has been with establishment and retired has greatly helped employees facing similar matters.............and in deserving cases FEE was NIL and otherwise so reasonable that it was negligible.

In some cases seasoned defense assistants help to a great extent like Mr. Behl.......................

As already posted you may find such gentlemen experts ( asking abusers and fake one likes at multiple fake ID's of @PSD to remain away) near you and benefit from their expertise................

LCI experts Mr. Issac Gabriel, Mr. P. Venu has also greatly helped LCI querists................ 

You can benefit from their expertise................

LCI Admin  

All Readers,

Dear LCI Querist @ Mr. S.C.Behera,  

 

LCI experts Mr. Issac Gabriel, Mr. P. Venu has also greatly helped LCI querists................  You can benefit from their expertise................

 

Thankful querists like you do come back and thank the contributions of LCI experts.

Like you have thanked in this thread

e.g;

https://www.lawyersclubindia.com/experts/Non-grant-of-full-wages-against-suspension-period-even-after-quashing-of-the-proceedings-603106.asp

This is just one instance..............

Happy fraternity!!!!

Please close the thread Admn.as the member has received enough guidance, and the thread is leading to unhealthy twists and turns.

Fukkly agreed with Mr GNL Prasad.

The thread is becoming a musldinging centre.