Being aggrieved by the Ld. Additional
Sessions Judge taking cognizance of the charges framed against them, the
Petitioners have approached this Court under Section ... with
prayers to quash the order of summons and to quash the charges against
them in the second supplementary chargesheet dated 16.08.2019. The
Petitioners
Being aggrieved by the Ld. Additional
Sessions Judge taking cognizance of the charges framed against them, the
Petitioners have approached this Court under Section ... with
prayers to quash the order of summons and to quash the charges against
them in the second supplementary chargesheet dated 16.08.2019. The
Petitioners
misappropriation of Rs.4,39,617/-. In departmental proceedings
with identical charges, the appellant was exonerated on the
ground that it was not clear ... departmental proceeding was initiated against the appellant
with regard to identical charges made in the FIR......
xxxx xxxx xxxx xxxx
28. ........Considering the fact that
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
disciplinary Tribunal to record a finding of guilt on identical facts and charges and also to punish; this being a basic principle of jurisprudence ... were found to be identical. It also appears that the charges were also identical. Three necessary conting enciehad coalesced.
5. In Sulekh Chand @ Salek Chand
which the disciplinary
proceedings are proposed to be held identical or nearly similar to the
charges on which they are facing criminal proceedings ... with the
disciplinary enquiry when a criminal case is pending
on identical charges. The staying of disciplinary
proceedings, it is emphasised, is a matter
appellant even in the past was
found guilty of misconduct of identical charges and in this regard, he referred to contents
of Annexure
Sharma who was also a meter
reader and against whom identical charges of non-reporting the use of
electricity supply were framed was imposed
that, in fact, it would be expedient and desirable that the charges are framed in such a way that they appear slightly distinct and different ... with the disciplinary enquiry when a criminal case is pending on identical charges. The staying of disciplinary proceedings, it is emphasised, is a matter
Prevention of Corruption Act, 1947,
notwithstanding the fact that on identical charges, the appellant
had been exonerated in the departmental proceedings. It will be
useful ... charges, by the Disciplinary Authority of his
organization. Firstly, whether the charges in the departmental
proceedings and the criminal prosecution are identical
