Acquittal in Criminal Case Does not bar Disciplinary Proceedings

Acquittal in Criminal Case Does not bar Disciplinary Proceedings

Acquittal in Criminal Case Does not bar Disciplinary Proceedings : SC

The Hon’ble Supreme Court in the case of Management of West Bokaro Colliery of M/s TISCO Ltd Vs The Concerned Workman, Ram Pravesh Singh reported in JT 2008 (2) SC 272, held that Labour Court or Tribunal had no power to interfere in the findings of domestic inquiry as an appellate court. The relevant observation made by Apex Court in Para 19 are quoted as under :-

19. Tribunal has set aside the report of the Enquiry Officer and the order of dismissal passed by the Punishing Authority by observing that the charges against the respondent were not proved beyond reasonable doubt. It has repeatedly been held by this Court that the acquittal in a criminal case would not operate as a bar for drawing up of a disciplinary proceeding against a delinquent. It is well settled principle of law that yardstick and standard of proof in a criminal case is different from the one in disciplinary proceedings. While the standard of proof in a criminal case is proof beyond all reasonable doubt, the standard of proof in a departmental proceeding is preponderance of probabilities.

If someone is facing any problem about disciplinary proceedings and he want to stay the disciplinary proceedings on similar facts of criminal cases, he can contact to our team of best service matter advocate in Jaipur

Click Here for Service Matter Judgment


Tag: Acquittal in Criminal Case Does not bar Disciplinary Proceedings.

2 Thoughts to “Acquittal in Criminal Case Does not bar Disciplinary Proceedings”

  1. Dilbag Singh Shekhawat

    I was recruited in CRPF as Sub-Inspector in 2012. Before entering CRPF there was a minor criminal case pending in Court and the same was not mentioned in my verification form means I hide the information of criminal case. Recently I came to know through news paper that hiding information in verification form can amount dismissal from service. I am following your article posted at linked in, Facebook etc. Being one of the best service matter advocate of high court jaipur you are sharing very useful legal information about paramilitary forces Please advise in my case also

  2. Mr. Dilbag Singh Ji, If you have not mentioned this thing in the verification form then also you should not worry about till somebody ask about it. In future if anything come please let us know , we will try help you out.

Leave a Comment