reinstate of position


my employer filed a criminal case against me & ordered a domestic enquiry too.

domestic enquiry gave clean chit to me , but police chargesheeted me .the case is now in court.

whether court will dismis the case on the clean chit given by domestic enquiry?

what i have to do now?

the employer not yet reinstated me in to my earlier position. Telling hat till court case completion i will not reinstate in to my position

pls guide/help me in this regard

lingaraj

 
Reply   
 
Consultant & Legal Analyst

First of all, pending police enquiry and court case, your employer should not have conducted a domestic enquiry. Secondly, had he already completed the enquiry and given you clean chit, he was required to withdraw the criminal case. Third, if you had not been under police custody for 48 hours or more in the preent case, there remains no ground to keep you under suspension indefinitely till the outcome of the cout case. However, if you were arrested in his case and had to remain in police custody for 48 hours or more, only in that case the reinstatement would depend upon the final judgment of the court in the case.

So, to fight the court case, you are required to hire such ype of an advocate, who may have the knowledge of service rules also, besides the criminal law.


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lawyer

 

The legal position is settled in this regard . Domestic Enquiry and criminal proceedings both are governed by separate law and distinct from each other. Domestic enquiry relates with employment conditions and punishment is awarded under the service conditions of employer and employer is competent to take decision on the basis of report of enquiry proceeding  whereas criminal proceeding are related with criminal offences punishable under the law of country.. Thus both are independent and on the basis of findings of one forum, the proceedings before the other forum can not be decided. The decision of each is always based on material placed by the parties before the said forum. However, the finding arrived in one forum can be placed before another forum as evidence but it is for the forum to consider it or not. A party can not compel the forum to accept the findings of another forum based on the evidences, which are not in that particular forum.

 
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