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AHSANUDDIN AMANULLAH, K. VINOD CHANDRAN
Karnataka Lokayuktha Bagalkote District, Bagalkot – Appellant
Versus
Chandrashekar – Respondent
| Table of Content |
|---|
| 1. existence of disciplinary and criminal proceedings is independent. (Para 2 , 4) |
| 2. corruption charges and evidence assessment. (Para 3 , 14 , 17) |
| 3. importance of adherence to judicial precedents. (Para 5 , 8 , 12) |
| 4. distinction between adjudication and criminal liability. (Para 6 , 7) |
| 5. standard of proof varies between disciplinary and criminal proceedings. (Para 9 , 10 , 19) |
| 6. role of the disciplinary authority and implications on the criminal process. (Para 13 , 15 , 18) |
JUDGMENT :
K. VINOD CHANDRAN, J.
Leave granted.
2. Despite this Court having consistently held that disciplinary proceedings and criminal prosecution, even on an identical allegation, are parallel proceedings, the relevance of the conclusion in one is often contended to be binding on the other. Trite is the principle that in a disciplinary proceeding, the proof is of preponderance of probabilities while in a criminal proceeding, it has the higher standard of proof beyond reasonable doubt. Often it is argued that the acquittal in the criminal proceedings should inure to the benefit of the accused/delinquent employee in a disciplinary proceeding too. In the present case, we have a contrary contention
Exoneration in a disciplinary proceeding does not automatically terminate criminal prosecution; both proceedings are governed by different evidentiary standards.
If the exoneration in the departmental proceedings is on merits and the allegations are found to be not sustainable, the criminal prosecution on the same set of facts cannot be allowed to continue.
(1) Disciplinary Enquiry – Rules of evidence which apply to a criminal trial are distinct from those which govern a disciplinary enquiry – Acquittal of accused in a criminal case does not debar emplo....
Point of law : If allegations in the departmental inquiry 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 continue....
Exoneration in departmental proceedings on merits can lead to the quashing of criminal proceedings based on the same allegations, as the higher standard of proof in criminal law makes it unlikely tha....
Acquittal in a criminal trial does not automatically invalidate disciplinary proceedings, but substantial overlaps in evidence may necessitate reconsideration of the latter's findings. Procedural fai....
The standards of proof in criminal and disciplinary proceedings differ; acquittal in a criminal case does not preclude disciplinary action.
Criminal proceedings cannot continue if the accused has been exonerated in departmental inquiries for identical charges, due to the higher standard of proof required in criminal cases.
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