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KAUSHIK GOSWAMI
BHUPESH CHANDRA DAS S/O SHRI GIRISH CH. DAS – Appellant
Versus
STATE OF ASSAM – Respondent
JUDGMENT :
KAUSHIK GOSWAMI, J.
1. Heard Mr. K.N. Choudhury, learned Senior Counsel assisted by Mr. D. Das, learned counsel for the parties. Also heard Ms. M. Bhattacharjee, learned Additional Senior Government Advocate for the State respondent.
2. By way of this petition under Article 226 of the Constitution of India, the petitioner is assailing the impugned departmental proceeding initiated against the petitioner by show-cause notice dated 09.02.2018.
The facts of the present case are that:
3. The petitioner while serving as Chief Executive Officer at Darrang Zila Parishad was arrested by the Vigilance and Anti-Corruption Cell, Assam in connection with the ACB PS Case No. 24/2017 under sections 7/13(1)(d)/13(2) of the Prevention of Corruption Act, 1988 (herein referred to as PC Act, 1988) on 22.09.2017. In pursuant to the said arrest, the respondent authorities issued a show-cause notice dated 09.02.2018 to the petitioner under Rule 9 of the Assam Services (Discipline and Appeal) Rules, 1964 read with Article 311 of the Constitution of India. (Herein referred to as Rules of 1964).
4. Accordingly along with the departmental proceeding a criminal proceeding being Special Case No. 32/2017
Acquittal in criminal proceedings based on identical allegations renders continuation of departmental proceedings unjust and unfair.
Departmental proceedings can continue alongside criminal trials unless complicated legal questions arise; mere overlap of facts does not warrant a stay.
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.
Departmental misconduct charges require proof via witness examination on preponderance of probability; unproved complaint/arrest documents insufficient, warranting quashing of dismissal, with crimina....
The main legal point established in the judgment is that the departmental proceedings and criminal trial can proceed simultaneously, unless there are specific reasons to stay the departmental proceed....
Acquittal in criminal cases may impact disciplinary proceedings if both are based on the same set of facts; disciplinary action cannot persist against a person acquitted in criminal court under simil....
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