Special
Judge.
In respect of the same incident, a departmental proceeding was also
initiated against the accused and the Article of Charges was served ... departmental proceeding it was alleged that the accused “being a
public servant in discharge of his official duties by corrupt and illegal
means or otherwise
guilty of grave misconduct, in the Departmental or Judicial Proceedings. In this case no departmental proceeding concluded finding him guilty nor any judicial proceeding ended ... proceeding or judicial proceeding;
(ii) This provision does not empower the State to invoke the said power while the department proceeding or judicial proceeding
challenge was that the Disciplinary Authority could not continue
with the departmental proceeding and impose punishment of removal from
service against the respondent ... 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
intelligence officer and
constituted gross professional misconduct.
8. In the said departmental proceeding the police officers concerned
were not examined. The Customs Officers were also ... permissible for the disciplinary authority to initiate a
departmental proceeding even after the judgment of
acquittal is recorded in a criminal case inasmuch as
similar
down any
proposition that on exoneration of an employee in the
departmental proceeding, the criminal prosecution on the
identical charge or the evidence ... Court quashed the prosecution when the accused was
exonerated in the departmental proceeding would not mean
that it was quashed on that ground. This would
evidence act. Converse in the case of
departmental enquiry in a departmental proceeding relates to conduct of breach of
duty of the delinquent officer ... simultaneous continuation of departmental
proceeding vis-à-vis criminal proceeding, has arrived at following conclusions"
(i) Departmental proceeding as well as proceeding
During the departmental proceedings on behalf of the department
various witnesses were examined.
7. During the pendency of the departmental proceeding, the
respondent ... initiate the departmental proceedings under Rule
12(b) of the said Rules.
32. The respondent had been charged in the departmental proceeding
for the same
Judge Bench held that if a person is
exonerated in a departmental proceeding, no criminal
proceedings can be launched or may continue against ... adjudication
proceeding as well as proceeding for prosecution is
identical and the exoneration of the person concerned
in the adjudication proceeding is on merits
some evidence to prove the charge.
Although the charges in a departmental proceeding
are not required to be proved like a criminal trial ... proof
beyond all reasonable doubt, the proof in a
departmental proceeding is preponderance of
probabilities."
[Emphasis Supplied]
18. In West Bokaro Colliery (TISCO
departmental inquiry had not formed a subject-matter of the charge in the criminal cases and, therefore, initiation and continuance of the departmental proceeding cannot ... passed on a technical ground, the departmental authorities were fully within their jurisdiction to initiate a departmental proceeding against the petitioner
