attained finality. Therefore, no departmental proceedings
under the impugned proceedings on identical charges as that of the criminal
proceedings are maintainable. Despite the above order ... admittedly, no charges were framed by the CBI court at that time
and this Tribunal opined that the charges seem to be identical. In fact
attained finality. Therefore, no departmental proceedings
under the impugned proceedings on identical charges as that of the criminal
proceedings are maintainable. Despite the above order ... admittedly, no charges were framed by the CBI court at that time
and this Tribunal opined that the charges seem to be identical. In fact
attained finality. Therefore, no departmental proceedings
under the impugned proceedings on identical charges as that of the criminal
proceedings are maintainable. Despite the above order ... admittedly, no charges were framed by the CBI court at that time
and this Tribunal opined that the charges seem to be identical. In fact
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
denial of principle of natural justice is evident.
POINT NO. 5-IDENTICAL CHARGES IN CRIMINAL CASE & DEPARTMENTAL
PROCEEDINGS: SERIOUS PREJUDICE
Charge memo dated ... departmental proceedings and the
criminal case under PMLA are based on identical charges, departmental action
should be stayed till the criminal court finally decides
finding of investigation and the material on
record in respect to identical charges had decided not to initiate
disciplinary proceeding and as stated hereinabove ... open for the
respondents to institute disciplinary proceeding for the said
identical charges. Ld. Counsel would argue that the decision to
initiate disciplinary proceeding vide
proceedings and disciplinary proceedings are
based on the same set of Identical charges. The Disciplinary Authority herein,
with a view to delaythe appellant ... 00416/2022 &
MA 310/00470/2023
identical charges. Since the Hon'ble CBI Court acquitted the Applicant
honourably, the Departmental proceedings initiated against
proceedings and disciplinary proceedings are
based on the same set of Identical charges. The Disciplinary Authority herein,
with a view to delaythe appellant ... 00416/2022 &
MA 310/00470/2023
identical charges. Since the Hon'ble CBI Court acquitted the Applicant
honourably, the Departmental proceedings initiated against
Despite pendency
of aforesaid criminal case on identical charges involving
Page 2 of 11
3 O.A.No200/00457/2021
complicated question of facts ... impugned charge sheet dated 16/4/2019 to the applicant leveling
identical charges regarding illegal withdrawals from the saving
bank accounts. The applicant submitted
Appeal Nos. 102,103 & 112 of 2010
between the distribution charges of identical
consumers connected at different nodes in the
distribution network. It would