Being aggrieved by the Ld. Additional
Sessions Judge taking cognizance of the charges framed against them, the
Petitioners have approached this Court under Section ... with
prayers to quash the order of summons and to quash the charges against
them in the second supplementary chargesheet dated 16.08.2019. The
Petitioners
Being aggrieved by the Ld. Additional
Sessions Judge taking cognizance of the charges framed against them, the
Petitioners have approached this Court under Section ... with
prayers to quash the order of summons and to quash the charges against
them in the second supplementary chargesheet dated 16.08.2019. The
Petitioners
Despite pendency
of aforesaid criminal case on identical charges involving
Page 2 of 11
3 O.A.No200/00457/2021
complicated question of facts ... impugned charge sheet dated 16/4/2019 to the applicant leveling
identical charges regarding illegal withdrawals from the saving
bank accounts. The applicant submitted
perpetrated this fraud.
36. Out of the aforesaid three charges, charges no.1 and 3 were found to be proved and charge ... charges under consideration of a court exercising criminal jurisdiction and the charges on which departmental proceedings against a delinquent employee are held, are identical
second
33
column is the corresponding charge in the Article of Charges in the
departmental inquiry and the third column is the finding rendered ... said charge in the report dated 23-05-
2022. The charges are verbatim similar. The witnesses who were
examined in the departmental inquiry
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
original
records can be procured for investigation and to bring home the
charges. Considering the fact that delay in the present case is
caused ... appellant has already been
exonerated in the departmental proceedings for identical
charges, keeping the case pending against the appellant for
investigation, is unwarranted
disciplinary authority even when the charges of
misconduct was identical or the co- delinquent was
foisted with more serious charges. This would ... authority even when the charges of misconduct were
identical or the co-delinquent was foisted with more
serious charges. This is based on the principle
petitioner and Sh. Gurudev
Singh, would reveal that the charges against both of them were
identical. A bare perusal of the allegation as reflected ... further submitted that in view of the identical charges, the
departmental authorities cannot impose a different punishment on the
petitioner in violation of Article
suspension, as admissible under rules.
4. It appears that relating to the charges, that are the subject matter of disciplinary proceedings, a First Information Report ... reply dated 05.03.2021, wherein he raised a legal issue that on identical charges and evidence, the criminal case and departmental proceedings ought
