( 1 ) A question of great importance relating to service jurisprudence: as to whether a Government servant against whom a criminal prosecution was instituted even if he secures acquittal can yet be proceeded against in a departmental proceeding and dismissed from service on the same oral evidence and on the same material by reaching a conclusion just contrary to the conclusion reached by the Criminal Court by recording a contrary finding has knocked at the door in this petition under Article 226 of the Constitution of India preferred by a police Constable who was acquitted by a Court of law on disbelieving prosecution witnesses and yet on the same oral evidence was dismissed by the State Government.

( 2 ) RELIANCE has been placed on a number of authorities to show that there is no absolute bar to the initiation of departmental proceeding even in cases where a government servant has been acquitted. (State of Andhra Pradesh and Others v. S. Sree Rama Rao A. I. R. 1963 S. C. 1723 Motising Chhagusing Vaghela v. S. D. Mehta 7 G. L. R. 409 and Bhauro Dagadu Thakur v. State of Maharashtra 74 B. L. R. 304 ). Of course this proposition that acquittal in a Criminal Court doe