The State Of Tamil Nadu, Rep. By The ... vs H.A. Munaff, Anna Nagar West, Chennai ... on 26 February, 2002
15. In the light of our discussion, it is clear that it is not
axiomatic that in all cases where the criminal proceedings based on the very
same set of facts ended in acquittal, the departmental action should not be
proceeded with. As rightly observed by the earlier Division Bench of this
Court in 2002-III-L.L.J. 66 (STATE OF TAMIL NADU Vs. H.A.MUNAF AND ANOTHER)
cited supra, if the acquittal in the criminal proceeding is not a honourable
one, it is always open to proceed with the departmental proceedings. The
Tribunal has not gone into the above relevant aspects and committed an error
in quashing the charge memo at the threshold.