Legal Question in Constitutional Law in India
A person was convicted for criminal charges of corruption by trial court.
he was removed from service without departmental enquiry. the judgement of conviction of trial court set aside by the appellate court. the judgement of appellate court was not challenged in higher court. is the public servant has the right to get back his service now ?
pls answer to my enquiry sir/mam........
thanks.....
2 Answers from Attorneys
yes he has to be reinstated in service.
Normally, yes. But the judgement of acquittal is not binding upon the employer. An enquiry can still be instituted and departmental proceedings can be initiated. The standard of proof required for conviction is different for arriving at a finding of guilt in departmental enquiry and the employee can still be punished. Therefore, reinstatement is NOT automatic or a matter of right.
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