Skip to content
The Bengaluru Live | Bengaluru News, Breaking Updates

The Bengaluru Live | Bengaluru News, Breaking Updates

Bengaluru’s Leading News Portal

bmc-ad
Primary Menu
  • HOME
  • Bengaluru
  • Karnataka
  • POLITICS
  • CRIME
  • Delhi
  • Kannada News
  • Hindi News
  • MORE NEWS
    • Supreme Court
    • CITY UPDATES
    • PM
    • SPORTS
    • STATE
    • EDUCATION
    • ENTERTAINMENT
    • HEALTH
    • Real Estate
    • SPORTS
    • CORONA
    • MOBILITY/TRANSPORT
    • Horoscope
  • Home
  • HIGH COURT
  • Acquittal in criminal case does not debar employer from proceeding with disciplinary enquiry: SC
  • HIGH COURT

Acquittal in criminal case does not debar employer from proceeding with disciplinary enquiry: SC

The Bengaluru Live 22 March 2022 4 minutes read
0
Supreme Court

Supreme Court rejects plea for reverting to ballots in elections

đŸ“˜ Read this story in Kannada

BENGALURU:

The acquittal of an accused in a criminal case does not debar the employer from proceeding in the exercise of disciplinary jurisdiction, the Supreme Court said on Tuesday.

The rules of evidence that apply to a criminal trial are distinct from those which govern a disciplinary inquiry, the apex court said.

A bench of Justices D Y Chandrachud and Surya Kant allowed the appeal against the November 2017 judgment of the Karnataka High Court which had set aside the verdict of the Karnataka Administrative Tribunal directing compulsory retirement of an employee from service following a disciplinary inquiry on the charges of bribery.

“Unlike a criminal prosecution where the charge has to be established beyond a reasonable doubt, in a disciplinary proceeding, a charge of misconduct has to be established on a preponderance of probabilities,” the bench said.

The top court observed that in a prosecution for an offense punishable under the criminal law, the burden lies on the prosecution to establish the ingredients of the offense beyond a reasonable doubt. The bench said the purpose of a disciplinary proceeding by an employer is to enquire into an allegation of misconduct by an employee which results in violation of the service rules governing the relationship of employment. “The acquittal of the accused in a criminal case does not debar the employer from proceeding in the exercise of disciplinary jurisdiction,” it said while setting aside the high court verdict.

The apex court delivered its verdict on the appeals arising out of the high court’s November 2017 judgment.

It noted that the man was working as a village accountant in Bijapur district in Karnataka and the charge against him was that he had demanded a bribe for deleting the name of a person concerning a land situated in a village. A criminal complaint was registered with the Lokayukta police against him for the commission of alleged offenses punishable under provisions of the Prevention of Corruption Act. Following the investigation, a charge sheet was filed against him in a court that later acquitted him of all charges in October 2013.

A disciplinary inquiry was initiated under Section 7(2) of the Karnataka Lokayukta Act, 1984, and the Karnataka Upa Lokayukta while holding that a prima facie case was established, recommended initiation of disciplinary proceedings against him. Later, in January 2015, the Lokayukta held that the charge against him was proved and recommended the penalty of compulsory retirement from service.

The disciplinary authority issued a show-cause notice to the man who contended that since the special judge had acquitted him on the same set of facts and evidence, there was no ground to hold him guilty of misconduct in the disciplinary proceedings. The disciplinary authority had on June 2015 held that the misconduct was proved and imposed a penalty of compulsory retirement. The man then moved to the Karnataka Administrative Tribunal which upheld the order of compulsory retirement. The matter then reached the high court.

In its verdict, the apex court said that in the exercise of judicial review, the court does not act as an appellate forum over the findings of the disciplinary authority. ‘ “The court does not re-appreciate the evidence based on which the finding of misconduct has been arrived at in the course of a disciplinary inquiry,” the bench said.

It said the court in the exercise of judicial review must restrict its review to determine whether — the rules of natural justice have been complied with, the finding of misconduct is based on some evidence, statutory rules governing the conduct of disciplinary inquiry have been observed, findings of disciplinary authority suffer from perversity and the penalty is disproportionate to the proven misconduct.

“However, none of the above tests for attracting the interference of the high court were attracted in the present case. The Karnataka Administrative Tribunal having exercised the power of judicial review found no reason to interfere with the award of punishment of compulsory retirement,” it said.

The top court said the high court “exceeded its jurisdiction” under Article 226 of the Constitution and trenched upon a domain that falls within the disciplinary jurisdiction of the employer. It noted that inquiry was conducted in the matter following the principles of natural justice. “The acquittal of the respondent in the course of the criminal trial did not impinge upon the authority of the disciplinary authority or the finding of misconduct in the disciplinary proceeding,” it said, adding, “The finding of misconduct and the punishment of compulsory retirement is restored.” PTI

About the Author

The Bengaluru Live

Administrator

View All Posts

Post navigation

Previous: Karnataka Bank board approves plan to raise Rs 300 cr via bonds
Next: Karnataka to pass resolution in Assembly to counter TN’s move on Mekedatu project

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Related Stories

Karnataka High Court Grants Interim Bail to Vinay Kulkarni, Stays Life Sentence in Yogesh Gowda Murder Case
  • Bengaluru
  • HIGH COURT

Karnataka High Court Grants Interim Bail to Vinay Kulkarni, Stays Life Sentence in Yogesh Gowda Murder Case

The Bengaluru Live 31 July 2026
Karnataka High Court Stays KPSC Resolution Seeking Chairperson’s Resignation; Interim Relief to Shivashankarappa S. Sahukar
  • HIGH COURT
  • Bengaluru

Karnataka High Court Stays KPSC Resolution Seeking Chairperson’s Resignation; Interim Relief to Shivashankarappa S. Sahukar

The Bengaluru Live 10 July 2026
Karnataka High Court Questions CM Siddaramaiah’s Interference in Government Employee Transfers
  • HIGH COURT
  • STATE

Karnataka High Court Questions CM Siddaramaiah’s Interference in Government Employee Transfers

Satya Prakash Chaubey 20 March 2026

Latest Post

Heavy to Very Heavy Rain Likely in Coastal, South Interior Karnataka Today; IMD Issues Weather Alert
  • Karnataka
  • CITY UPDATES

Heavy to Very Heavy Rain Likely in Coastal, South Interior Karnataka Today; IMD Issues Weather Alert

7 August 2026
Meghalaya Delegation Studies Bengaluru’s Urban Water Management Model at BWSSB Meghalaya Delegation Studies Bengaluru’s Urban Water Management Model at BWSSB
  • Government
  • Bengaluru
  • CITY UPDATES

Meghalaya Delegation Studies Bengaluru’s Urban Water Management Model at BWSSB

7 August 2026
Joint CP Karthik Reddy Inspects Koramangala Water Tank Junction to Review Traffic Improvement Measures Joint CP Karthik Reddy Inspects Koramangala Water Tank Junction to Review Traffic Improvement Measures
  • Bengaluru
  • CITY UPDATES
  • Traffic

Joint CP Karthik Reddy Inspects Koramangala Water Tank Junction to Review Traffic Improvement Measures

6 August 2026
Nitin Gadkari Approves Land Acquisition for Bengaluru–Mysuru Expressway Wayside Amenities: MP Dr C.N. Manjunath Nitin Gadkari Approves Land Acquisition for Bengaluru–Mysuru Expressway Wayside Amenities: MP Dr C.N. Manjunath
  • Bengaluru
  • CITY UPDATES

Nitin Gadkari Approves Land Acquisition for Bengaluru–Mysuru Expressway Wayside Amenities: MP Dr C.N. Manjunath

6 August 2026
V. Somanna Urges Amit Shah to Expedite ST Status for Karnataka’s Kadugolla Community V. Somanna Urges Amit Shah to Expedite ST Status for Karnataka’s Kadugolla Community
  • Bengaluru
  • Government
  • Karnataka

V. Somanna Urges Amit Shah to Expedite ST Status for Karnataka’s Kadugolla Community

6 August 2026
ED Attaches Properties Worth ₹51.28 Crore in Deepak Cable Bank Fraud Money Laundering Case ED Attaches Properties Worth ₹51.28 Crore in Deepak Cable Bank Fraud Money Laundering Case
  • CRIME
  • Bengaluru

ED Attaches Properties Worth ₹51.28 Crore in Deepak Cable Bank Fraud Money Laundering Case

6 August 2026

You may have missed

  • Karnataka
  • CITY UPDATES

Heavy to Very Heavy Rain Likely in Coastal, South Interior Karnataka Today; IMD Issues Weather Alert

The Bengaluru Live 7 August 2026
Meghalaya Delegation Studies Bengaluru’s Urban Water Management Model at BWSSB
  • Government
  • Bengaluru
  • CITY UPDATES

Meghalaya Delegation Studies Bengaluru’s Urban Water Management Model at BWSSB

Satya Prakash Chaubey 7 August 2026
Joint CP Karthik Reddy Inspects Koramangala Water Tank Junction to Review Traffic Improvement Measures
  • Bengaluru
  • CITY UPDATES
  • Traffic

Joint CP Karthik Reddy Inspects Koramangala Water Tank Junction to Review Traffic Improvement Measures

Satya Prakash Chaubey 6 August 2026
Nitin Gadkari Approves Land Acquisition for Bengaluru–Mysuru Expressway Wayside Amenities: MP Dr C.N. Manjunath
  • Bengaluru
  • CITY UPDATES

Nitin Gadkari Approves Land Acquisition for Bengaluru–Mysuru Expressway Wayside Amenities: MP Dr C.N. Manjunath

The Bengaluru Live 6 August 2026

About us

The Bengaluru Live is one of the local digital media house which is publishing news in English and in Kannada language. We are also one of the largest local news providers on the internet through our news websites.

Useful Links

  • Advertise with us
  • Contact us
  • Privacy Policy

Recent News

  • Heavy to Very Heavy Rain Likely in Coastal, South Interior Karnataka Today; IMD Issues Weather Alert
  • Meghalaya Delegation Studies Bengaluru’s Urban Water Management Model at BWSSB
  • Joint CP Karthik Reddy Inspects Koramangala Water Tank Junction to Review Traffic Improvement Measures
  • Nitin Gadkari Approves Land Acquisition for Bengaluru–Mysuru Expressway Wayside Amenities: MP Dr C.N. Manjunath
©Copyright 2026 The Bengaluru Live All rights reserved. | MoreNews by AF themes.