cannot be overriden by continuing the departmental enquiry thereafter on the identical charges. Furthermore, if a departmental enquiry is not at all launched ... honourably acquitted by the Criminal Court, the departmental proceedings on the identical charges are not permissible. His Lordship sought to derive support for his view
appellate authority quashed.
ORDER
N. Kumar, J.
1. As Identical charges are levelled against the petitioners, common enquiry was conducted, common evidence adduced, though separate
petitioner and seven others were issued with charge-sheets on identical charges. The respondent - Bank, instead of holding a joint enquiry against the petitioner ... dispute that die charges levelled against the petitioner and seven others are inter-linked, identical and similar. Further, a perusal of the investigation report makes
with the disciplinary enquiry
when a criminal case is pending on identical charges.
One of the contending considerations is that the
disciplinary enquiry cannot
present case - (a)
Exoneration in departmental proceedings of
charges identical as those in criminal case,
(b) though CAG report indicating financial
irregularity and probable misappropriation ... clear that
petitioners are exonerated from the Departmental
enquiry, on the charges levelled in those criminal cases.
When other circumstances in a particular case
they are falsely charged. The respondent-Company charged four workmen on identical charges. But the respondent-Company dropped charges against two workers and proceeded againt
unsustainable.
REG. UNSPECIFIC CHARGE:
24. It is contended that the charges are vague
and unspecific, therefore, they are liable to be
quashed. The perusal ... petitioners, separate charges are
framed. It is not that the identical charges against
all the petitioners in a cyclostyled form are issued.
Even otherwise
entire material on record, was
of the view that allegations of charges leveled against
petitioners would not be sufficient to deny the grant ... months, fresh show
cause notice came to be issued on identical charges,
which was also duly replied by the petitioners by
specifically contending that most
second
33
column is the corresponding charge in the Article of Charges in the
departmental inquiry and the third column is the finding rendered ... said charge in the report dated 23-05-
2022. The charges are verbatim similar. The witnesses who were
examined in the departmental inquiry
with the disciplinary enquiry
when a criminal case is pending on identical charges.
One of the contending considerations is that the
disciplinary enquiry cannot
