Case Note & Summary
The petitioner, Ramesh Baburao Firode, was employed as a driver in the District Court at Shrirampur, Ahmednagar. On 28.11.2011, a complaint was lodged by Smt. Vandana Suresh Kamble alleging that the petitioner, along with another driver, had sexually assaulted her. A departmental enquiry was initiated, and the petitioner was found guilty of conduct unbecoming of a government servant. Consequently, he was terminated from service on 23.04.2013. The petitioner's departmental appeal was rejected. He then filed the present writ petition challenging the legality of the order rejecting his appeal. The petitioner argued that he had been acquitted in the criminal trial for the same incident, and therefore, the termination order should be set aside. The respondents contended that departmental proceedings and criminal proceedings are independent, and the standard of proof in departmental enquiries is different. The court analyzed the evidence and found that the disciplinary authority's findings were based on the preponderance of probabilities and were not perverse. The court held that the acquittal in the criminal case does not automatically vitiate the departmental proceedings. The petition was dismissed, and the termination order was upheld.
Headnote
A) Service Law - Departmental Enquiry - Standard of Proof - Acquittal in Criminal Case - The principle that departmental proceedings and criminal proceedings are independent and can proceed simultaneously, and acquittal in criminal case does not automatically entitle an employee to reinstatement, as the standard of proof in departmental enquiry is preponderance of probabilities, not beyond reasonable doubt (Paras 7-10). B) Service Law - Misconduct - Sexual Assault - Termination - The petitioner, a driver in District Court, was terminated for misconduct of sexually assaulting a woman, based on a complaint and departmental enquiry. The court held that the disciplinary authority's finding of misconduct was based on evidence and not perverse, and the termination order was valid (Paras 4-6, 11-12).
Issue of Consideration
Whether the order of termination based on departmental enquiry is sustainable when the petitioner was acquitted in criminal trial for the same incident
Final Decision
The writ petition is dismissed. The order of termination and rejection of appeal are upheld.
Law Points
- Departmental enquiry and criminal proceedings are independent
- standard of proof differs
- acquittal in criminal case does not automatically vitiate disciplinary proceedings
- misconduct can be proved on preponderance of probabilities
