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2022 (5) TMI 1485 - SC - Indian LawsDemand of terminal benefits and arrears of pension - grant of premium to dishonesty - existence of evidence which may reasonably support the conclusion that the Delinquent officer is guilty of the charge or not - HELD THAT:- The High Court has committed a grave error in interfering with the order passed by the disciplinary authority dismissing the respondent – delinquent officer from service. The High Court has erred in reappreciating the entire evidence on record and thereafter interfering with the findings of fact recorded by the Enquiry Officer and accepted by the disciplinary authority. By interfering with the findings recorded by the Enquiry Officer which as such were on appreciation of evidence on record, the order passed by the High Court suffers from patent illegality. From the findings recorded by the Enquiry Officer, it cannot be said that there was no evidence at all which may reasonably support the conclusion that the Delinquent officer is guilty of the charge. The fact that the criminal court acquitted the respondent by giving him the benefit of doubt, will not in any way render a completed disciplinary proceeding invalid nor affect the validity of the finding of guilt or consequential punishment. As held by this Court in a catena of decisions the standard of proof required in criminal proceedings being different from the standard of proof required in departmental enquiries, the same charges and evidence may lead to different results in the two proceedings, that is, finding of guilt in departmental proceedings and an acquittal by giving benefit of doubt in the criminal proceedings. Whether in the facts and circumstances of the case the appointing authority was justified in dismissing the delinquent officer from service is concerned looking to the seriousness of the charge proved of misappropriating the sum of Rs.10 lakhs and not depositing the same with the Bank, it cannot be said that the order of dismissal can be said to be disproportionate to the charge and misconduct held to be proved? - HELD THAT:- As per the evidence on record, he went along with the false and fabricated document dated 06.08.1996 along with another person and he introduced that person as a new cashier and he ensured that the voucher was not signed by him but singed by the other person who was introduced by him as a new cashier. Therefore, he saw to it that there is no evidence on record that he actually received the money. This shows the criminal mind/conduct on the part of the delinquent officer. Therefore, in the facts and circumstances of the case it cannot be said that the disciplinary authority/competent authority/management had committed any error in dismissing the respondent – delinquent officer from service. The order passed by the Management dismissing the respondent – delinquent officer on proved charge and misconduct is hereby restored - Appeal allowed.
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