with the disciplinary enquiry
when a criminal case is pending on identical charges. The staying of
disciplinary proceedings, it is emphasised, is a matter
appropriation and a departmental proceeding
-5-
was also initiated with identical charges, but in the said proceeding, the
appellant was exonerated on the ground that
Supreme Court that if the
departmental proceedings are on identical charges, then
the criminal proceedings should be quashed, as it
requires higher degree of proof
with the disciplinary enquiry when a criminal case is pending on identical charges. The staying of disciplinary proceedings, it is emphasized, is a matter ... respectful opinion, it means that not only the charges must be grave but that the case must involve complicated questions of law and fact. Moreover
State vs 1. Ram Kishan on 9 November, 2022
IN THE COURT OF SH. SANJEEV
report of 27 August 2012 concluded that Charges No. I (i) to Charges No. I (iii), Charge No. I (v), Charge ... September 2002. According to the learned counsel since those charges were identical to those which formed part of the criminal prosecution, once the petitioner
case, held that criminal proceedings initiated
against the appellant on the same charges cannot be pursued.
8. In a later judgment of the Supreme Court ... although the enquiry officer had exonerated the accused
of the charges which were identical to the charges in the criminal case, yet no
action
earlier, the
criminal case as also the departmental
proceedings were based on identical set of
facts, namely, "the raid conducted at the
appellant ... copy of which has been placed before us,
indicate that the charges framed against
the appellant were sought to be proved by
police officers
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"14. That being so, when the charges which are identical, could not be established in the departmental proceedings, for the same
criminal proceeding and charges in both the proceedings are based
on the same set of facts which are identical in nature in both the
cases ... prosecution
evidence and that the prosecution had miserably failed
to prove the charges levelled against the accused, it can
possibly be said that the accused
