P.S.Rajya vs The State Of Bihar on 9 May, 1996
In the aforesaid judgments, in the case of P.S.RAJYA and
ASHOO SURENDRANATH TEWARI (supra), the Apex Court has
clearly delineated, that if allegations in the departmental inquiry
29
could not be proved on merit and the person is held to be
innocent, criminal prosecution on the said facts cannot be
permitted to be continued on the underlying principle of criminal
trial needing higher standard of proof. Exoneration of the
petitioner in the departmental enquiry is not on technicalities
but on merits as there was no evidence against the petitioner to
drive home the charge. Therefore, in terms of the law laid down
by the Apex Court in the aforesaid judgments, in my considered
view, the chances of the prosecution succeeding in the criminal
trial being bleak, this Court cannot permit continuance of such
criminal trial, any further.