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
eight members of the staff were put under suspension. Similar and identical charges of negligence and cowardice were framed against all the members. However ... with the delinquency and once charges are established to award appropriate punishment. But when the charges are same and identical in relation
been exonerated in departmental proceedings initiated against him on the identical charges which are subject matter of the present prosecution. Hence, the continuance ... petitioner on the strength of these authorities that if for identical charges the petitioner has been exonerated the criminal prosecution cannot be allowed to continue
appellant-Bank had issued separate charge-sheets to six
employees leveling identical charges. Three respondents before us in
these appeals were the three employees ... awarded lesser punishment by the disciplinary authority
even when the charges of misconduct was identical or the co-
delinquent was foisted with more serious charges
reinstated on acquittal by a criminal court on
the ground of identity of charges in the departmental as well as criminal
proceedings.
3. The respondent ... matter.”
18. Above rule indicates that even if there is identity of charges
levelled against the respondent before the Criminal Court as well as before
argued in the earlier proceeding that the charges in the departmental proceeding being identical to that of criminal case, both cannot be allowed to proceed ... since the departmental proceeding and the criminal case are based upon identical charges and have the same witness, it would tantamount to continue with
that the 1st and 2nd Articles of Charge are the same and identical similar which have already been investigated by the CBI and the Closure ... after proceedings. Therefore, when the department issued a charge sheet on identical charges, Honble High Court while quashing the same held that in case
A.K. Saxena vs Union Of India Through on 1 October, 2013
CENTRAL ADMINISTRATIVE TRIBUNAL
petitioner on the ground that the charges in the departmental proceeding and charges in the criminal case are identical and involve complicated questions of fact ... with the disciplinary enquiry when a criminal case is pending on identical charges. The staying of disciplinary proceedings, it is emphasised, is a matter
with the disciplinary enquiry when a criminal case is pending on identical charges. The staying of disciplinary proceedings, it is emphasised, is a matter
