conscious decision and the reasons to institute disciplinary proceedings on the identical charges with the same evidence on which a government servant is acquitted ... absolve him from undergoing disciplinary inquiry. However, where the charges are absolutely identical, ordinarily the same would not be taken resorted to.
We may notice
finding:
12
"Since as many as three workmen on almost identical
charges were found guilty of misconduct in connection
with the same incident, though ... present case. It was found
therein that the charges proved against the delinquents were
same and identical. No dissimilarity was found and, therefore
over a set of charges, which are either similar or identical to the
charges forming the subject matter of a criminal trial in which such ... with the disciplinary enquiry when a
criminal case is pending on identical charges. The staying of
disciplinary proceedings, it is emphasised, is a matter
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
charges levelled against the
accused. Simultaneously, a departmental charge sheet containing
identical charges was given to the concerned official/accused. The
departmental inquiry was conducted ... Court that the criminal proceedings initiated
against the concerned official on identical charges cannot be
pursued and the impugned criminal proceedings were quashed.
Whereas
identically situated cases the Commissioner (Personnel), DDA in respect of one Mr. M.K. Sharma, UDC, against whom identical allegations were levelled the enquiry ... Sharma, UDC having been let off on identical charges with a finding that it is the role of the dealing assistant to verify the caste
dispute as regards the petitioner having been exonerated on identical charges in the departmental proceedings. Learned Government Advocate (Crl.Side) would refer to the decision
very charges for which a full-fledged inquiry
had been conducted against the petitioner and he had been
absolved of the charges. The respondents ... which prescribe such a
procedure of directing the second inquiry on identical charges
by the concerned authority. In this context the principles laid
finding:
12
"Since as many as three workmen on almost identical
charges were found guilty of misconduct in connection
with the same incident, though ... present case. It was found
therein that the charges proved against the delinquents were
same and identical. No dissimilarity was found and, therefore
with the disciplinary enquiry when a criminal
case is pending on identical charges. The staying of
disciplinary proceedings, it is emphasised, is a matter ... acquittal of the appellant is based on the view that the
charges are not proved beyond reasonable doubt. Since
the standard of proof required
