The Supreme Court has ruled that an employee held guilty of criminal misconduct in departmental proceedings cannot be directed to be reinstated even if acquitted by a court. The apex said that accused has lost confidence of the employer.
A bench of justices B S Chauhan and T S Thakur in a judgement said that departmental proceedings and criminal trials can be held parallel and can in no way be termed as double jeopardy. Under the doctrine of double jeopardy a person cannot be subjected to punishment twice on the same case.
The apex court passed the judgement while disposing off the appeal filed by Karnataka State Road Transport Corporation (KSRTC) challenging a direction of the Karnataka Division Bench to reinstate an employee who was dismissed in February 1997, for committing theft in the office.