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SATYAVRAT VERMA
K. Senthil Kumar – Appellant
Versus
Vigilance Investigation Bureau Through the Superintendent of Police (Vigilance) Bihar, Patna – Respondent
Satyavrat Verma, J. – Heard the learned counsel for the petitioner Mr. Sanjeev Ranjan and the learned Special P.P. for the Vigilance Mr. Arvind Kumar.
2. The learned counsel for the petitioner submits that the issue which arises for consideration in the present case is whether the criminal proceeding should be allowed to continue, when the petitioner based on the same allegation was exonerated in the departmental proceeding. It it next submitted that while it is a settled position of law that being acquitted in a criminal case will not debar the employer from subjecting the delinquent employee to disciplinary proceeding on the same set of charges, but then the converse of this i.e. a person exonerated in departmental proceeding would automatically be discharged in the criminal proceeding seems unsettled.
3. It is next submitted that while the general illustration/categories of cases for quashing have been previously laid down by the Hon’ble Supreme Court in the case of State of Haryana vs. Bhajanlal, 1992 supplementary 1 SCC 335, but then there seems to have an intriguing discord pertaining to whether exoneration in departmental proceeding would lead to discharge of the accused perso
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....
Exoneration in departmental proceedings does not automatically quash criminal proceedings, which must be determined based on evidence in court.
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.
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....
At the stage of considering an application for discharge the court must proceed on the assumption that the material which has been brought on record by the prosecution is true and evaluate the materi....
Exoneration in departmental proceedings does not automatically lead to dismissal of criminal charges; higher standard of proof applies in criminal cases.
Exoneration in a disciplinary proceeding does not automatically terminate criminal prosecution; both proceedings are governed by different evidentiary standards.
The standard of proof in criminal proceedings is higher than in departmental inquiries, and exoneration in the latter does not necessarily preclude criminal prosecution unless it is on merit.
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