In view of the aforesaid, reliance placed by the learned counsel for
the petitioner on Captain Arvind Kathpalia (supra) and Johnson Jacob
(supra) is misplaced, as the situation/position in both are not the
same/identical particularly, in view of the fact when the Ld. Special
Judge, (PC Act) vide orders dated 29.01.2008 and 20.03.2010, did not
CRL. M.C. No. 2585/2021 Page 9 of 10Signature Not VerifiedDigitally SignedBy:BABLOO SHAHSigning Date:19.10.202318:11:58
accept the closure reports filed by the CBI and thus directed for carrying
out further investigation on the suggested parameters, whereas in both
aforesaid cases, the DE and the criminal proceedings were based on the
same set of facts, which, is not the case in hand.
M). Because the Hon'ble High Court of Delhi by
Judgment dated 04.07.2022 in Writ Petition (Crl.) No.
1279 of 2021 Johnson Jacob versus State held that
"20. However, I am of the view that when
departmental proceedings and the criminal
proceedings are a mirror image of each other and the
accused has been exonerated on merits in the
departmental inquiry, and not due to minor
technicalities or irregularities, the criminal
proceedings, on the same set of facts and
circumstances, cannot be permitted to be continued as
the standard of proof in departmental proceedings is
much lower than the standard of proof in criminal
proceedings.