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
matter of punishment as in identical case of Dinesh Kumar Awasthi, Conductor, all most same charges were levelled and the disciplinary authority after enquiry found ... grounds like discrimination in the matter of punishment as person with identical charges have been punished only with the stoppage of two increments etcetra
with the disciplinary enquiry when a criminal case is pending on identical charges.
Therefore, stay of disciplinary proceedings cannot be, and should
with the disciplinary enquiry when a criminal case is pending on identical charges.
Therefore, stay of disciplinary proceedings cannot be, and should
punishable under Sections 148 ,
302 / 149 and 120-B of IPC framed charges against the accused on 16.9.2009.
Ranbir was also charged for committing offence ... subsequently and
supplementary challan had been filed against him later, therefore, identical
charges were framed against him on 17.5.2010. Surender was also charged for
committing
Sharma who was also a meter
reader and against whom identical charges of non-reporting the use of
electricity supply were framed was imposed
with the disciplinary enquiry when a criminal case is pending on identical charges. Therefore, stay of disciplinary proceedings cannot be, and should
with the disciplinary
enquiry when a criminal case is pending on
identical charges. The staying of disciplinary
proceedings, it is emphasised, is a matter
disciplinary
Supreme Court which enunciated a legal proposition that on
identical facts and on the same evidence, the departmental action shall not
survive after failure ... 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
Sri Pankaj Kumar vs Union Of India on 14 February, 2017
Author: S.C. Das
