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The Management Of Thiruvalluvar vs S.Anthonysamy ..1St on 15 February, 2005

8. It is well settled that on the same charges when there is a criminal proceeding as well as a domestic enquiry, merely because the workman is found innocent in the criminal case, it does not mean that he cannot be found guilty in the departmental/domestic enquiry vide Thenmozhi V. The Chairman & Managing Director, Neyveli Lignite Corporation in W.A.Nos.202 and 203 of 2005 dated 08.02.2005.
Madras High Court Cites 7 - Cited by 9 - Full Document

M.Mani vs Management Of Bharat Heavy on 16 April, 2007

In the decision, Thenmozhi v. The Chairman & Managing Direction, Neyveli Lignite Corporation and another, reported in 2005 Writ L.R. 188, the Division Bench of this Court has held that on the same set of allegations of charges, a departmental proceeding as well as criminal case can be initiated and both are independent. The out come of the one will not have any bearing on the other, since the standard of proof required in the two proceedings and the procedure are totally different and hence, even if an employee is acquitted by criminal court, he can be found guilty in the departmental proceeding.
Madras High Court Cites 14 - Cited by 0 - Full Document

Tamil Nadu State Transport Corporation ... vs P.Karuppusamy on 23 November, 2007

"8.It is well settled that on the same charges when there is a criminal proceeding as well as a domestic enquiry, merely because the workman is found innocent in the criminal case, it does not mean that he cannot be found guilty in the departmental domestic enquiry vide Thenmozhi v. The Chairman and Managing Director, Neyveli Lignite Corporation in W.A.No.202 and 203 dated 8.2.2005."

S. Arumainathan vs The Managing Director on 24 July, 2009

"8. It is well settled that on the same charges when there is a criminal proceeding as well as a domestic enquiry, merely because the workman is found innocent in the criminal case, it does not mean that he cannot be found guilty in the departmental/domestic enquiry vide Thenmozhi v. The Chairman & Managing Director, Neyveli Lignite Corporation in W.A.Nos.202 and 203 of 2005 dated 8.2.2005.

M.Veluchamy vs The Presiding Officer on 18 August, 2009

"8. It is well settled that on the same charges when there is a criminal proceeding as well as a domestic enquiry, merely because the workman is found innocent in the criminal case, it does not mean that he cannot be found guilty in the departmental/domestic enquiry vide Thenmozhi v. The Chairman & Managing Director, Neyveli Lignite Corporation in W.A.Nos.202 and 203 of 2005 dated 8.2.2005.

P. Mahimaidoss vs Tamil Nadu State Transport Corporation on 13 November, 2009

"8. It is well settled that on the same charges when there is a criminal proceeding as well as a domestic enquiry, merely because the workman is found innocent in the criminal case, it does not mean that he cannot be found guilty in the departmental/domestic enquiry vide Thenmozhi v. The Chairman & Managing Director, Neyveli Lignite Corporation in W.A.Nos.202 and 203 of 2005 dated 8.2.2005.

A. Sampathkumar vs Board Members on 18 August, 2009

"8. It is well settled that on the same charges when there is a criminal proceeding as well as a domestic enquiry, merely because the workman is found innocent in the criminal case, it does not mean that he cannot be found guilty in the departmental/domestic enquiry vide Thenmozhi v. The Chairman & Managing Director, Neyveli Lignite Corporation in W.A.Nos.202 and 203 of 2005 dated 8.2.2005.

V.Annasamy vs The Inspector General Of Registration on 4 April, 2012

"8. It is well settled that on the same charges when there is a criminal proceeding as well as a domestic enquiry, merely because the workman is found innocent in the criminal case, it does not mean that he cannot be found guilty in the departmental/domestic enquiry vide Thenmozhi v. The Chairman & Managing Director, Neyveli Lignite Corporation in W.A.Nos.202 and 203 of 2005 dated 8.2.2005.

State Of Tamil Nadu, Rep. By Its ... vs M. Veerappan, C. Rengasamy And T. ... on 28 March, 2005

8. The contention of the learned counsel for the writ petitioners/respondents that the writ petitioners have been exonerated by the criminal court on the very same charges is to be stated only to be rejected. It is a well settled principle in service jurisprudence that departmental proceedings and criminal prosecution can be initiated on the same set of allegations, and even if the delinquent employee is acquitted by the criminal court, he can be found guilty in the departmental proceedings, because the standard of proof in a criminal prosecution is completely different from the standard of proof in the departmental proceedings. A Division Bench of this Court, to which one of us (Markandey Katju, C.J.) was a party in Mrs. Thenmozhi v. The Chairman &Managing Director, Neyveli Lignite Corporation, Neyveli & Anr., 2005 WritL.R. 188 (W.A.Nos.202 & 203 of 2005 decided on 08.02.2005) following the decisions of the Supreme Court in Secretary, Ministry of Home Affairs and Anr. v. Tahir Ali Khan Tyagi, JT 2002 (Suppl.1 ) SC 520 and Allahabad District Co-operative Bank Ltd. Vs. Vidhya Varidh Mishra, ,held that even if an employee is acquitted by the criminal court, he can be found guilty in the departmental proceedings.
Madras High Court Cites 4 - Cited by 0 - M Katju - Full Document
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