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Acquittal in criminal case is no ground for reinstatment: HC 3/16/2016 11:47:51 PM Early Times Report Kathua, Mar 16: In a LPA filed by Central Bank of India, seeking quashment of a writ court judgment as regards the quashment of dismissal of its employee, a high court division bench of Chief Justice N Paul Vasanthakumar and Justice Bansi Lal Bhat today observed that the workman was holding the position of trust and confidence, but by abusing his position, he committed the act which resulted in forfeiting the same. To continue him in service would be inconvenient to the employer and detrimental to the discipline or security of the establishment. Loss of confidence cannot be subjective, based upon the mind of the management. Objective facts which would lead to a definite interference of apprehension in the mind of the management, regarding trustworthiness or reliability of the employee, must be alleged and proved and the petitioner having served in the bank, which is dealing with public money, committed breach of trust and lost the confidence of the bank for continuing in service, the bench observed. In the departmental proceedings, he was given full opportunity, which he failed to avail and a finding was recorded by the Inquiry Officer with regard to embezzlement. The bench observed that it was relevant to point out that the petitioner had failed to avail the opportunities given to him at the time of inquiry, hence he could not contend now that no opportunity was given to him. The only defence throughout was that having been acquitted in criminal case, he shall be reinstated in service. Since the issue had been found against him, the order of single judge was liable to be set aside, the bench observed and allowed the appeal. The bench observed that if deceased-writ petitioner was not paid subsistence allowance during the entire period of suspension, it should be paid to his legal heirs within eight weeks from the date of receipt of a copy of this order.   Share This News with Your Friends on Social Network     Comment on this Story

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