Service Law

Departmental enquiry

— Criminal proceedings — Acquittal in criminal trial — Sustainability of dismissal of employee concerned in case of — Departmental enquiry and criminal proceedings based on same set of facts, charges, evidence and witnesses — No evidence against employee to hold him guilty — Employee honourably acquitted in criminal trial during pendency of proceedings challenging dismissal — Finding to contrary recorded in departmental proceedings in such case, held, unjust, unfair and oppressive — Dismissal order not sustainable — Hence set aside, (2006) 5 SCC 446-A

Service Law

Reinstatement/Back wages/Arrears

— Back wages — Entitlement to — Dismissal of employee found by Supreme Court to be not sustainable due to honourable acquittal of employee during pendency of proceedings challenging dismissal — Held, until such acquittal, there was no reason to hold the dismissal to be erroneous — Hence, any relief in terms of money can be awarded only with effect from the date of acquittal — But, since employee concerned had retired by the said date, dismissal set aside without back wages, (2006) 5 SCC 446-B

Prevention of Corruption Act, 1947

— S. 5(1)(e) r/w S. 5(2) — Burden of proof under — Explained — Compared with other criminal cases, (2006) 5 SCC 446-C