An interesting and important question arises in this writ proceeding, upon which I find that, though there is no paucity of authorities, the central principle has not been analysed or discussed at any length in any of the decisions cited before me. The problem involved is whether, when a Criminal Court acquits a Government Servant upon grave charges involving offences under the Penal Code, and the acquittal is not upon some collateral ground, such as the absence of due sanction or a technical plea of defence, but substantially on the merits, a Domestic Tribunal, such as a higher authority exercising disciplinary jurisdiction, would be justified in disregarding the acquittal altogether, or in recording a conclusion in consistent with the acquittal, and finding the Government Servant guilty on the identical charges, upon identical facts. The matter arises against the following background of established facts.

The petitioner became a servant of the Government of India in the Posts and Telegraphs Department in 1936. From the year 1956, he was serving as SubPostmaster at various places. On 9th March, 1959, while he was serving at Arni, he received a notice with regard to ten char