expedient and fair to continue with the departmental proceedings on charges which are identical to those which were levelled against a delinquent in a criminal ... down in the aforementioned two cases that the departmental proceedings on identical charges cannot be allowed to take place cannot be accepted in its absolute
true that this Court has
taken the view that when the charges are identical and
gives rise to complicated issues of the fact ... being that when parallel
proceedings are held on the basis of identical charges
and the same evidence, the employee should not be
allowed to disclose
departmental enquiry and the criminal trial are not only based on identical facts, but are so intermingled that their simultaneous progress could cause serious prejudice ... with the disciplinary enquiry when a criminal case is pending on identical charges. The staying of disciplinary proceedings, it is emphasised, is a matter
with the disciplinary enquiry
when a criminal case is pending on identical charges. The staying of
disciplinary proceedings, it is emphasised, is a matter
down in the aforementioned two cases, that the departmental proceedings on identical charges cannot be allowed to take place cannot be accepted in its absolute ... admissible in evidence. In that view, the departmental enquiry of the charges of identical nature in a criminal trial is not justified. The learned Judge
down in the aforementioned two cases, that the departmental proceedings on identical charges cannot be allowed to take place cannot be accepted in its absolute ... admissible in evidence. In that view, the departmental enquiry on the charges of identical nature in a criminal trial is not justified. The learned Judge
cannot be overriden by continuing the departmental enquiry thereafter on the identical charges. Furthermore, if a departmental enquiry is not at all launched ... honourably acquitted by the Criminal Court, the departmental proceedings on the identical charges are not permissible. His Lordship sought to derive support for his view
questions whether a departmental proceedings can be initiated on the identical charges which was a subject-matter of a criminal case wherein an order ... down in the aforementioned two cases, that the departmental proceedings on identical charges cannot be allowed to take place cannot be accepted in its absolute
charge sheet pleaded guilty admitting
the charges. In terms of Section 58 of
the Indian Evidence Act, charges
having been admitted were not
required ... departmental proceeding, if two persons
8
are proceeded with on identical charges, unless there be
material to distinguish between them parity in the
punishment
held a departmental enquiry against the petitioner in respect of the identical charges on which the petitioner was acquitted and on 6-5-1950, respondent ... proceedings conducted by respondents 1 and 2 in respect of the identical charges were without jurisdiction and were not warranted by law as there
