service, the acquittal, it was
held, has to be honourable. The expressions "honourable acquittal",
"acquitted of blame", "fully exonerated ... reinstatement in service, unless it is held to be honourable.
Though, the expression "honourable acquittal" is not defined precisely in the
Code
facts. His exoneration by the Investigating Agency is in effect
honourable acquittal and the petitioner deserves exoneration in the Departmental
Proceeding as well. Learned counsel ... Proceeding even in case where the criminal case
has ended in honourable acquittal, are inter-alia, (i) that the order of acquittal has
not been
have considered the
meaning of the expression "honourable acquittal'. The ratio laid
herein by the Apex Court has been referred ... that
even in the case of acquittal, departmental
proceedings may follow where the acquittal is other
than honourable. In State of Assam v. Raghava
Rajgopalachari
would also depend
upon whether it is technical acquittal or honourable acquittal.
V. Reinstatement, therefore, cannot be claimed unless there is
specific provision to this ... effect in relevant service rules in cases
of honourable acquittal. [See the case of S. Samuthiram
(supra)]. In other words, the issue whether an employee
departmental proceeding is
preponderance of probabilities..
21. The expression „honourable acquittal‟ was considered by the
Hon‟ble Supreme Court in the case of Deputy Inspector ... that even in the
case of acquittal, departmental proceedings may follow where
the acquittal is other than honourable. In State of Assam v.
Raghava Rajgopalachari
case, it cannot be argued that the applicant secured an honourable
acquittal. Consequently, his conduct, as confirmed by the
judgment ... service was affirmed. The case of the petitioner
is not one honourable acquittal or clean acquittal as has been explained in the
case
aforesaid submissions. It is
submitted that even in a case of Honourable acquittal, the Disciplinary Authority
is well within his rights to proceed departmentally ... Gujarat. However, the second line of
decisions show that an honourable acquittal in the criminal case
itself may not be held to be determinative
Gujarat. However, the second line of
decisions show that an honourable acquittal in the
criminal case itself may not be held to be
determinative
have squarely held that even in
case of acquittal, which is other than honourable, departmental
proceedings may follow. Disciplinary proceeding if pending
against the delinquent ... evidence. Such an
acquittal cannot be said to be an honourable acquittal either.
In the circumstances, considering the gravity of the
charges that death
only in the absence of prosecution evidence
being adduced and not honourable acquittal. Moreover, the
petitioner deliberately concealed the factum of his implication
