( 1 ) A Division Bench Of this Court consisting of Govinda Bhat, J. (as he then was), and malimath, J. has by its order dated 22/3/1973 referred to a Full Bench the following question :

Whether an order of a criminal Court acquitting the accused on the merit of a case would bar the disciplinary authority from holding him guilty and imposing punishment in disciplinary proceedings conducted under the Mysore (Karnataka) Civil Service (Classification, Control and appeal) Rules, on the basis of the same facts and accusations in respect of which he was tried and acquitted by the Criminal Court. "

( 2 ) ON the above question there are earlier decisions of this Court in P. Ekambaram v. The general Manager, M. G. R. T. C. , (1961) Mys. L. J. 1066; Mainuddin Alisab Kazi v. State of mysore, (1964) 1 Mys. L. J. 188 and Rama v. Superintendent of Police, Kolar, A. I. R. 1967 mysore 220.

( 3 ) IN Ekambaram's case a Division Bench of this Court consisting of Somnath Iyer, J. (as he then was), and Kalagate, J. , held that of a civil servant acquitted by a Criminal Court, would bar a disciplinary proceedings in respect of the same charge, Somnath Iyer, J. , observed thus at page 1068 :

"normally if

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