Disciplinary Proceedings And Criminal Proceedings Operate In Different Domains And Have Different Objectives: Supreme Court

Posted On - 21 November, 2023 • By - King Stubb & Kasiva

[1]The Hon’ble Supreme Court of India recently ruled on a case involving a bank employee who was dismissed from service following disciplinary proceedings related to allegations of financial irregularities. The court clarified that an acquittal in criminal proceedings does not automatically result in a corresponding discharge in disciplinary proceedings. The two proceedings operate in different domains and have distinct objectives.

In this specific case, the disciplinary proceedings against the employee had been initiated well after the one-year period mentioned in the Memorandum of Settlement (MoS). The employee had not raised objections based on the MoS at the outset, and there was no indication of prejudice caused by simultaneous proceedings. Consequently, the Supreme Court set aside the High Court’s judgment and restored the employee’s dismissal from service based on the disciplinary proceedings.

[1] Civil Appeal No.2518 of 2012