Holding that “an acquittal cannot be the basis of taking away the effect of departmental proceedings”, the Supreme Court recently allowed an appeal against a judgment that had ordered the reinstatement of a delinquent employee.
Ruling in Divisional Controller, Karnataka State Road Transport Corporation [KSRTC] v MG Vittal Rao, the court held that while the facts, charges and nature of the evidence of a case would determine if an acquittal had any bearing on the findings recorded in a domestic enquiry, “in a case of loss of confidence, reinstatement cannot be directed”.
The apex court said that the question of reinstatement after an acquittal arises only if the dismissal is based on a conviction by a criminal court. It pointed out that a departmental enquiry and a criminal court use different standards of proof.
You must be a
subscribersubscribersubscribersubscriber
to read this content, please
subscribesubscribesubscribesubscribe
today.
For group subscribers, please click here to access.
Interested in group subscription? Please contact us.
你需要登录去解锁本文内容。欢迎注册账号。如果想阅读月刊所有文章，欢迎成为我们的订阅会员成为我们的订阅会员。
The update of court judgments is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.
