Reinstatement after acquittal in cr case possible?


Appointed in the State owned Insurance sector on 1990. Suspended on account of alleged fraud on 1997. CBI enquiry started. Reinstated in 2000. CBI case started on 2000. Departmental enquiry started in 2005. HC stayed the DP on account of identical charge, identical witness and evidence but directed the lower court to complete within 1 year. In 2008 the management approached HC to vacate the stay. Vacated with a restriction that final order can not be passed without HC's permission, DP started. No charge out of seven charges was proved. Received EO's report. Waited till 2014 for final order from Disciplinary Authority. I approached HC for allowing to release the final order. HC allowed saying the final order has to be issued taking note of the EO's report and the law of the land. The disciplinary authority turned 360 degree and sent me a show cause notice proposing penalties of removal and a recovery proving 3 charges out of seven proved forcefully. HC ordered the Disc Authority a personal hearing. Done after a fashion. Removed on 31/03/2016 after 26 years of service with 10 more years remaining. Appealed. Not answered as yet. 5 out of six month period of considering the appeal is over. No dues paid even after six months. CBI case on the verge of completion. Nothing proved there. Expecting an acquittal on merit. My question is whether reinstatement possible if acquitted on merit? What steps to be followed. Pl advice
 
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Advocate

In case of acqittal, u can get ur job back with salary arrears.

 
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Advocate

In case of acqittal, u can get ur job with attendant benefits

 
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Dy Director

Not able to fully agree with Mr Gabriel
 
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Dy Director

Not able to fully agree with Mr Gabriel
 
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Dy Director

Not able to fully agree with Mr Gabriel
 
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Dy Director

Not able to fully agree with Mr Gabriel
 
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Dy Director

Not able to fully agree with Mr Gabriel
 
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Retired employee.

Though the charges are not fully established due to circumstances and laxities, still an employer can give three months notice and can dispense the services in rarest of the rare cases.

The question of reinstatement is a very rare possibility as employer fights till the end and wants to save his prestige first, to set an example second, and to save costs as third point.

It is too immature to arrive at conclusions before CBI inquiry report.

 
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Advocate

Dear nSudhirji, Please refer the judgement and post 



Attached File : 15197 20161003181545 112121001 goutam bhattacharjee vs kolkata municipal corporation crmnland dicsiplinar.doc downloaded 37 times
 
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