President (Engineering Hotel), had also been proceeded against departmentally on almost identical charges as the Applicant and was acquitted, inter alia, on the ground that ... that Shri LR Pahwa, the then VP, was exonerated of the identical charges on the same ground. The Applicant has made this averment in paragraph
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
with the disciplinary enquiry when a criminal case is pending on identical charges...........The only ground suggested in the above decisions as constituting a valid
case of Shri R.N. Mishra, who had been exonerated of the charges. Appreciation of evidence by both was different and cannot be compared ... justice if one officer were to be held guilty for identical charges and on the evidence of the same witnesses, whereas the other was exonerated
argued in the earlier proceeding that the charges in the departmental proceeding being identical to that of criminal case, both cannot be allowed to proceed ... since the departmental proceeding and the criminal case are based upon identical charges and have the same witness, it would tantamount to continue with
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 proceedings when a criminal case is pending on identical charges will be a matter to be carefully looked into for taking
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
that the 1st and 2nd Articles of Charge are the same and identical similar which have already been investigated by the CBI and the Closure ... after proceedings. Therefore, when the department issued a charge sheet on identical charges, Honble High Court while quashing the same held that in case
A.K. Saxena vs Union Of India Through on 1 October, 2013
CENTRAL ADMINISTRATIVE TRIBUNAL
Supreme Court which enunciated a legal proposition that on
identical facts and on the same evidence, the departmental action shall not
survive after failure ... with the disciplinary
enquiry when a criminal case is pending on identical
charges...........The only ground suggested in the above
decisions as constituting a valid
