Inquiry Officer whereby the appellant was
exonerated over the identical charges for which criminal case was lodged.
The respondent inspite of repeated requests ... departmental proceeding was initiated against the
appellant with regard to identical charges made in the FIR. It was alleged
that as per CAG Inquiry Report
with the disciplinary enquiry
when a criminal case is pending on identical charges. The staying of
disciplinary proceedings, it is emphasised, is a matter
cheated the shipping agency and the B. P. T. So also, identical charges were levelled in Criminal Case No. 965/P/87 against ... which reliance could be placed to link the petitioner with the charges levelled in the domestic inquiry. As stated hereinabove, the standard of proof
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 ... Criminal Court and that it is immaterial whether the charges were identical or the witnesses were the same, as long as the power exercised
with the disciplinary enquiry when a criminal case is pending on identical charges. The staying of disciplinary proceedings, it is emphasized, is a matter ... From perusal of the charges it is clear that the charges leveled by the CBI in criminal case and charges leveled by the department
orders of the Company Commander whereas the said statement was
false. Identical charges were preferred against petitioner No.2 as
well.
During the trial
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
with the disciplinary enquiry when a criminal case
is pending on identical charges.
Therefore, stay of disciplinary proceedings cannot be, and should
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
person after trial
in a criminal case, for the very same identical charges, the departmental
proccedings cannot be initiated. It is submitted that once ... option
to conduct departmental proceedings under the same and identical charges.
Therefore, the appointment of Enquiry Officer and initiation of
departmental proceedings in the case