with a disciplinary
enquiry when a criminal case is pending on identical charges. Paragraphs
14 and 17 contain instructive discussions and we feel tempted ... with the disciplinary enquiry when a criminal case is pending
on identical charges. The staying of disciplinary proceedings, it is
emphasised, is a matter
been started by the respondent authorities
against the petitioner on the identical charges as mentioned
in the criminal case.
The learned Advocate of the petitioner ... namely, the
2
petitioner herein is facing criminal trial on the identical
charges.
No explanation has been given by the
learned Advocate of the respondent
argued that the main charges against the petitioner in
the domestic enquiry and in the criminal case were almost identical, based on
the same ... criminal charge, the
authority of the employer to impose punishment on identical charges on the
employee could be subjected to judicial scrutiny. In the cases
true that if disciplinary proceedings and criminal proceedings are initiated
on identical charges and an employee is honourably acquitted of all charges on merits
reply to the said charges, the
Administrator exonerated the petitioner from those charges and withdrew the
charges framed against the petitioner by his letter dated ... present Managing Committee cannot suspend him once
again by bringing identical charges against him.
Be that as it may; fact remains that during the pendency
opposition to the connected application, the charge sheet containing the articles
of charges against the writ petitioner was referred to but had, inadvertently, not
been ... that the disciplinary proceeding initiated by BENFISH was in respect of
identical charges which were imposed upon her in an earlier disciplinary
proceeding
sought to explain the delay on the ground that on
identical charges the CBI case was pending and since the outcome was
uncertain ... reinstated on acquittal
by a criminal court on the ground of identity of charges in the
departmental as well as criminal proceedings. On several charges
loanee. The
petitioner replied to the said show cause denying all the charges and / or
allegations made against him. The second show cause was issued ... served with the
show cause notices and the charge-sheet on identical charges and have
challenged the show cause notices on similar grounds.
The challenge
employer was entitled to proceed with the departmental
proceedings on the identical charges and since the quashing of the charge-
sheet on the ground ... case where the charges framed
against him in the departmental enquiry can be said to be founded exactly
on identical facts as mentioned
Penal Code. He was proceeded with departmentally for
misconduct principally on the identical charge. He was also proceeded with for an additional charge of
unauthorised ... from the Criminal Court, the Disciplinary Authority punished him on the identical
charges as according to them the allegations were proved in the departmental enquiry
