with a disciplinary enquiry when a criminal case is pending on
identical charges. Paragraphs 14 and 17 contain instructive
discussions and we feel tempted ... with the disciplinary
enquiry when a criminal case is pending on identical charges.
The staying of disciplinary proceedings, it is emphasised, is a
matter
true that this Court has
taken the view that when the charges are identical and
gives rise to complicated issues of the fact ... being that when parallel
proceedings are held on the basis of identical charges
and the same evidence, the employee should not be
allowed to disclose
with the delinquency and once charges are established, to award appropriate punishment. But when the charges are same and identical in relation ... under: -
"Since as many as three workmen on almost identical charges were found guilty of misconduct in connection with the same incident, though
petitioners have been implicated through a
4
common charge memo with identical charges, both the Writ
Petitions are disposed of through a common order ... present charge memo,
they were earlier subjected to similar charges alleging identical
lapses for the year 2002-2003, which was taken for adjudication
with the delinquency and once charges are established, to award appropriate punishment. But when the charges are same and identical in relation ... under: -
"Since as many as three workmen on almost identical charges were found guilty of misconduct in connection with the same incident, though
proceedings and criminal case are based on similar set of facts and charges in criminal case against delinquent employees is of grave nature which involves ... 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
2017 is identical to the Article of
Charges framed in the disciplinary proceedings.
(ii) The employee should not be allowed to
disclose his defence when ... with the disciplinary enquiry when a
criminal case is pending on identical charges.
The staying of disciplinary proceedings, it is
emphasised, is a matter
matter is that:
“Since as many as three workmen on almost
identical charges were found guilty of misconduct in
connection with the same incident, though ... with the delinquency and once charges
are established, to award appropriate punishment. But
when the charges are same and identical in relation
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
allegations, the departmental enquiry has been initiated
against this petitioner and charges were proved against the petitioner in the
departmental enquiry. The petitioner was dismissed ... Civil).No.1224 of 2019.
Therefore, the petitioner was exonerated from identical charges framed in the
departmental enquiry.
https://www.mhc.tn.gov.in/judis
