trial. In such circumstances, the
acquittal of the applicant is an honourable acquittal and the
word 'benefit of doubt' is superfluous and, therefore ... held that where acquittal is for want for
evidence to prove the criminal charge, such an acquittal is
an honourable acquittal and the words
case (Supra), even if acquittal has been made,
employer may consider nature of offence, whether acquittal is
7
honourable or after giving benefit of doubt ... case (supra) even if
acquittal has been made, employer may consider nature of offence,
whether acquittal is honourable or after giving benefit of doubt
offence in which he is involved, whether
it was an honourable acquittal or only an extension of
benefit of doubt because of witnesses turned hostile ... required to be looked into.
21
OA-3065/2019
The expressions „honourable acquittal‟, „acquitted of
blame‟ and „fully acquitted‟ are unknown to the Code
such cases, the
acquittal was an honourable acquittal and not
an acquittal on a technicality, or on acquittal
given because of "benefit of doubt ... present case the acquittal
of the respondent is not an honourable
acquittal, but an acquittal given due to a
"benefit of doubt". Under
against the accused and that the
consequent acquittal was not an honourable acquittal, but on the ground of
benefit of doubt, the applicant
well as criminal proceedings being the same, when there is
honourable acquittal of the employee, the same requires to be
taken into account
criminal proceeding where on the identical
facts and witnesses there is an acquittal on merit disbelieving the
prosecution story, whether it, would be just, proper ... valid by the Courts below,
when there was an honourable acquittal of the employee during the pendency
of the proceedings challenging the dismissal, the same
applicant from the
charges.
The applicant claims that on his honourable acquittal after full
fledged trial from Criminal Case he is entitled to be reinstated
involved in a criminal case and his acquittal was not an
honourable acquittal, we are not inclined to accept that contention. The copy
servant so convicted. Even in case of acquittal,
proceeding may follow where the acquittal is other than
honourable. The issue was explained in the following ... present case the acquittal of the
respondent is not an honourable acquittal, but an acquittal
given due to a "benefit of doubt". Under