Supplementary-
affidavit, dated 17.04.2017, submits that for the identical charges
departmental proceeding was also initiated against the petitioner
and show-cause was called for from ... appellant was already
exonerated in the departmental proceeding for identical charges,
the Hon'ble Supreme Court relying upon P.S. Rajya V. State
would contend that when delinquent officers facing identical charges, they should be dealt with similarly. He would also rely upon the judgment of the Supreme ... different punishments have been imposed upon them although they faced identical charges, this Court interfered with the quantum of punishment.
20. Such
modified on the ground that the co-detinquents on identical charges have been awarded minor punishment.
2. The short matrix of the case is that ... charges levelled against him. And since on the same charges three other C.T. grade teachers who were also found guilty of the identical charges
except the Head Constable, who
was only compulsorily retired. Though the charges were
identical, the punishment imposed, according to the
Tribunal, being discriminatory cannot ... delinqunets
except the Head Constable were let o ff though the charges
were identical, it is stated by the learned counsel for the
appellants that
with the acquittal, and finding the Government servant guilty of the identical charges, upon identical facts. The matter arises against the following background of established ... Administrative authority later initiates disciplinary proceedings on the identical facts, and identical charge and records a contrary conclusion. But, of course, the acquittal should have
charges. He admitted the charges in relation to charge No.2. He was found
guilty of other charges also. The appointing authority, relying ... proceeding involving one
Kaushal Kumar who was also found guilty of identical charges, a lenient
view was taken. Appellate authority in its order dated
Gyanendra Kumar
Acharya, Bhubaneswar Branch as Enquiry Officer to enquire into
the charges levelled against you and submit his report to me for
further action ... subsequent
departmental inquiry could not be proceeded since on the identical charges, he was
acquitted by the competent criminal court. The other reason which
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
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 emphasised, is a matter
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 emphasised, is a matter
