( 1 ) THE question that falls for decision in this appeal is whether an employee after his acquittal by a Court of law from a charge under Section 409 IPC can be made to face a departmental proceeding on the same charge and be inflicted with penalty of removal from service. Respondent was holding the post of Officer-in-charge in the office of the appellant and was put on trial on charge of misappropriation of Rs. 17,185-07 said to have been committed during the period from 16-8-1969 to 21-7-1973. The case ended in conviction, but in appeal to this Court, he was acquitted holding the charges as having not been proved. Thereafter, departmental proceedings were started on two heads of charges the first being that the respondent had misappropriate Rs. 17,185-07 during the period 16-8-1969 to 21-7-1973, and the other being that he had received different amounts for credit to the Savings Bank Accounts at the Sub-Office but did not account for the amounts in those offices. Respondent denied the charges but the Enquiry Officer found him guilty of both the charges and thereafter on the second notice being issued, and the respondent had submitted his reply, the punishment was imposed.

( 2 )

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