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Jaywant Bhaskar Sawant vs Board Of Trustees Of The Port Of Bombay ... on 20 April, 1994 cites

Qamarali Wahid Ali vs State Of Madhya Pradesh on 8 July, 1958

12. The learned counsel for the petitioner also referred to the judgement of the High Court of Madras in the case of Shaik Kasim v. Superintendent of Pose Offices, and the judgement of High Court of Madhya Pradesh in the case of Qamarali Wahid Ali v. State of M. P. . Thus the impugned order suffer from clear and patent error of law apparent on the face of the record. I have no hesitation in holding that the observations made by the Enquiry Officer in his report duly approved by the Disciplinary Authority and Appellate Authority to the effect that the petitioner may have intended to remove the machine from the drawer of Mr. Naik later on after the police case was closed as undetected are totally imaginary and purely conjectural.
Madhya Pradesh High Court Cites 15 - Cited by 16 - Full Document

Nelson Motis vs Union Of India And Another on 2 September, 1992

11. The learned counsel for the Respondents submitted that the departmental proceedings could be continued in law notwithstanding the acquittal of the petitioner by the Criminal Court. The learned counsel for the respondent relied on the judgement of the Hon'ble Supreme Court in the case of Nelson Motis v. Union of India & Anr. reported in 1992 II CLR 825. In this case, the Hon'ble Supreme Court held that nature and scope of a criminal case was very different from that of a departmental disciplinary proceeding and an order of acquittal could not conclude the departmental proceedings. It is undoubtedly well settled law that there is no legal bar to the continuation of disciplinary proceeding in an appropriate case merely because of the charge-sheeted employee having been acquitted at the criminal trial. At times the accused is given benefit of doubt. Some times the accused may be acquitted on a technical ground like lack of sanction. If, however, the accused is honourably acquitted by the Criminal Court, the departmental, authorities are under an obligation to attach considerable weightage to the verdict of the Criminal Court. Normally it would not be expedient to continue the departmental inquiry of the said facts once the charge-sheeted employee is honourably acquitted at the criminal trial. It is, however, possible in the real of theory that the departmental authori ties may be justified in continuing the inquiry for a cause notwithstanding the honourable acquittal of the accused. It is, however, totally erroneous to observe as observed by the Enquiry Officer in his report that the findings recorded at the criminal trial are totally irrelevant in the departmental inquiry.
Supreme Court of India Cites 5 - Cited by 332 - L M Sharma - Full Document

Birla Cotton Spinning &Weaving Mills vs Workmen And Others on 2 May, 1962

14. The learned counsel for the petitioner relied on the judgement of the Hob'ble Supreme Court in the case of J. K. Cotton Spining and Weaving Company, Ltd. v. Its Workmen, reported in (1965) 2 LLJ 153 in support of his submission concerning the effect of order of acquittal passed by the Criminal Court in so far as departmental proceedings are concerned. In the above referred case the workmen was charged with theft of Company's property. The workmen was convicted of theft in a criminal Court. Pending the appeal by the workman was found guilty of the charge levelled agains them. Subsequently the workman was acquitted in appeal. In this case Industrial Tribunal held that he domestic inquiry was fair and proper and the findings recorded therein were not influenced by earlier order of conviction passed by the criminal Court. To my mind the ration of this judgement has no application to the facts of this case. In my opinion this judgement is clearly distinguishable. I have already observed in the earlier part of this judgement that the management is bound to attach weightage to the order of honourable acquittal passed by the criminal Court and normally it is not expedient to continue the departmental inquiry on the same charge.
Supreme Court of India Cites 4 - Cited by 10 - K N Wanchoo - Full Document

Shaik Kasim vs The Superintendent Of Post Offices, ... on 25 November, 1964

12. The learned counsel for the petitioner also referred to the judgement of the High Court of Madras in the case of Shaik Kasim v. Superintendent of Pose Offices, and the judgement of High Court of Madhya Pradesh in the case of Qamarali Wahid Ali v. State of M. P. . Thus the impugned order suffer from clear and patent error of law apparent on the face of the record. I have no hesitation in holding that the observations made by the Enquiry Officer in his report duly approved by the Disciplinary Authority and Appellate Authority to the effect that the petitioner may have intended to remove the machine from the drawer of Mr. Naik later on after the police case was closed as undetected are totally imaginary and purely conjectural.
Madras High Court Cites 16 - Cited by 41 - Full Document
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