Reinstatement does not follow from acquittal

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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.

Upset_employee-CMYKRuling 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.

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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.

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