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JITENDRA KUMAR
Chhatradhri Ram S/o Late Barhan Mistri – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT :
The present petition under Section 482 Cr.PC has been preferred by the petitioner against the impugned order dated 01.07.2016, passed by learned Special Judge, Vigilance-Ist, Patna in Special Case No. 7 of 1999, whereby the application of the petitioner for discharge has been rejected finding that there are sufficient materials on record to charge the petitioner under Sections 420, 467, 468, 471, 120B and 201 of the Indian Penal Code and Section 13(2) read with Section 13(1) (d) of the Prevention of Corruption Act, 1988.
2. As per the allegation, the petitioner while holding the post of Superintending Engineer in Public Health Engineering Department, Bihar, Patna, has made illegal appointments and promotions without following the rules and regulations. The petitioner retired on 31.01.1998 as a Superintending Engineer and departmental proceeding was started on 08.05.2000. As per the inquiry report, the petitioner was found to be guilty of illegal appointments of 15 persons. However, against the finding and the punishment arising out of inquiry report, the petitioner moved this Court under writ jurisdiction vide C.W.J.C. No. 13390 of 2000, wherein learned writ Court set asid
Exoneration in departmental proceedings on merits precludes subsequent criminal prosecution on identical allegations due to differing standards of proof.
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.
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....
Disciplinary proceedings against a public servant must cease if the charges are identical to those leading to an honourable acquittal in a criminal case, ensuring fairness in due process.
Exoneration in departmental proceedings does not automatically lead to dismissal of criminal charges; higher standard of proof applies in criminal cases.
Departmental proceedings must adhere to principles of natural justice, and acquittal in criminal cases does not preclude disciplinary action but requires proper evidence examination.
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.
The dismissal of a police officer based on departmental proceedings was unjustified as the charges were not proven, and acquittal in criminal proceedings must be considered.
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