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
applicant was recommended by the C.B.I for regular departmental proceeding (Annexure A-1) with further prayer to quash the major penalty charge sheet ... when the matter came up for preliminary hearing, stayed the departmental proceeding during the pendency of the criminal proceeding.
4. Pursuant to the notice issued
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
also for non granting of promotion because
of reason of Departmental proceeding, to the post of I.G. at the time
when his junior were ... that the O.A. is premature, departmental enquiry has been
set up and without conclusion of departmental proceeding it would not
be justified to entertain
departmental proceedings. Preponderance of
probability would serve purpose. Acquittal in criminal case
itself not a ground not to initiate a departmental proceeding
against ... Judge Bench held that if a person is
exonerated in a departmental proceeding, no criminal
18
OA.Nos.170/00595/2023/CAT/BANGALORE
proceedings
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
Disciplinary Authority and also the propriety and legitimacy of the departmental proceeding. By memo dated 1.6.2001 the respondent authority appointed the GDI, Central Vigilance Commission ... charges. Hence this application assailing the legitimacy and propriety of the departmental proceeding as well as the continuance of the said proceeding as illegal
served upon the applicant. With regard to non-initiation of departmental proceeding against Mohd. Naseem and Shri Sahadeo Prasad, it is averred in the Counter ... respondents for initiation of departmental inquiry simultaneously with the criminal case on three grounds. Firstly, that the initiation of departmental proceeding with criminal case
