BENGALURU: Karnataka HC has overturned a state administrative tribunal’s reinstatement of a village accountant removed from his job over bribery allegations , distinguishing between an “honourable acquittal and one secured on benefit of doubt”.
HC concluded that the tribunal shouldn’t have considered acquittal in the criminal case under benefit of doubt, noting the burden of proving misconduct lies with the employer in departmental proceedings.
Shivanagouda Vasanad was compulsorily retired after a departmental inquiry found the charges correct. The accountant in Bagalkot district was caught in Nov 2011 accepting Rs 2,500 for executing a mutation entry. In May 2021, a special court acquitted Vasanad in the criminal case.
Subsequently, he approached Karnataka State Administrative Tribunal , which rescinded his compulsory retirement in April 2023. Govt appealed in HC, asserting the tribunal’s consideration of the acquittal, which was not an honourable one, was improper since the departmental inquiry had proved the charges.
HC concluded that the tribunal shouldn’t have considered acquittal in the criminal case under benefit of doubt, noting the burden of proving misconduct lies with the employer in departmental proceedings.
Shivanagouda Vasanad was compulsorily retired after a departmental inquiry found the charges correct. The accountant in Bagalkot district was caught in Nov 2011 accepting Rs 2,500 for executing a mutation entry. In May 2021, a special court acquitted Vasanad in the criminal case.
Subsequently, he approached Karnataka State Administrative Tribunal , which rescinded his compulsory retirement in April 2023. Govt appealed in HC, asserting the tribunal’s consideration of the acquittal, which was not an honourable one, was improper since the departmental inquiry had proved the charges.
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