earlier proceeding (OA No.4009/2012), the applicant challenged the action of the respondents in proceeding with the departmental proceeding during the pendency of criminal ... which even includes the departmental authority. Had it been the case otherwise that the departmental authorities would competent to hold proceeding under CCS (CCA) Rules
Department has taken almost a period of six years to initiate departmental proceeding against the applicant after the CVC had tendered its advice in March ... being made out against the applicant. It had omitted to initiate departmental proceeding against the applicant as a matter of deliberate decision
other hand, it is contended by the respondent-AIIMS that the departmental proceeding in question emanated from the notices issued to the applicant while ... applicant being in continuation of the said notices, the present departmental proceeding cannot be said to be instituted after the retirement of the applicant. Consequently
been submitted by the learned Additional Solicitor General, that initiation of departmental proceeding is permissible even after the judgment of acquittal is recorded ... initiated only because it is lawful to do so. A departmental proceeding could be initiated if the department intended to adduce any evidence which
submit that if the departmental proceeding and the criminal case having been based on identical and similar set of facts and charge in the criminal ... departmental proceedings in abeyance till the completion of criminal trial is upheld as legally sustainable. We, therefore, hold that the departmental proceeding must be continued
case. Although the Division Bench had not categorically said that the departmental proceeding could not be continued and punishment could not be imposed ... that the departmental proceedings should also be discontinued. That being the position, an order of removal from service emanating from a departmental proceeding can very
service". Thus, only when a valid departmental proceeding is initiated by reason of the legal fiction raised in terms of the said provision ... service although he has reached his age of superannua-tion. The departmental proceeding, it is trite law, is not initiated merely by issuance
evidence are not applicable in a departmental inquiry and the standard of proof required in a departmental proceeding is preponderance of probability as opposed ... above backdrop. The following factors are noteworthy in the departmental proceeding in this OA:
It is not in dispute that the orders passed in this
against the applicant have not been substantiated at any stage?
Whether departmental proceeding against the applicant is hit by non-compliance to Rule ... fault is great."
Moreover, we have carefully perused the departmental proceeding, inquiry report and the impugned order dated 18.8.2011 and are satisfied that each
initiated only
because it is lawful to do so. A departmental
proceeding could be initiated if the Department
intended to adduce any evidence which ... when the facts
and evidence in the criminal proceeding and
departmental proceeding are same, the department will
not be justified In pursuing the departmental proceeding
