The Calcutta High Court allows employee’s plea to negate disciplinary proceeding due to his acquittal in criminal trial

A complaint under Section 409 of IPC (criminal breach of trust) was lodged against the employee who was appointed as labourer (Group D) in the Indian Red Cross Society (IRCS). The employee was arrested and later released on bail. The IRCS placed the employee under deemed suspension and a chargesheet was issued initiating disciplinary proceeding against the employee and subsequently after 9 years by way of punishment he was removed from service. The trial court acquitted him of charges under Section 409 of IPC in furtherance of which the employee filed original application before Tribunal seeking relief against the order of removal. The Tribunal dismissed the original application stating that charges in disciplinary proceedings and criminal case were not identical. Aggrieved by the same employee filed WPCT 225 of 2023 before Calcutta High Court. The High Court observed that the Tribunal had erred in concluding that charges in criminal case and disciplinary proceedings were entirely dissimilar. The charges in both proceedings stemmed from same set of facts and events. It was emphasised by the court that while disciplinary proceedings are independent of criminal proceedings, the findings in a criminal trial especially where charges are identical, cannot be ignored. Due to the Petitioner employee being retired during the pendency of litigation, the court directed respondent to disburse the 50% of the back wages together with all consequential benefits.