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M. S. RAMESH, A. D. MARIA CLETE
Director of Elementary Education, Chennai – Appellant
Versus
C. Muthukrishnan – Respondent
JUDGMENT :
M.S. RAMESH, J.
Prayer: Writ Appeal filed under Clause 15 of Letters Patent, praying to set aside the order dated 23.01.2024 issued in W.P. (MD) No. 19257 of 2022 and W.M.P. (MD) No. 14048 of 2022 and allow the Writ Appeal.
1. The present Writ Appeal has been filed challenging the order of the learned Single Judge in W.P. (MD) No. 19257 of 2022 dated 23.01.2024.
2. The respondent herein was implicated in a criminal case under Section 7 of the Prevention of Corruption Act, 1988 and ultimately, after due trial, he was acquitted from the criminal charges through a judgment passed in S.C. No. 16 of 2012 dated 27.02.2020 on the file of learned Special Judge, Madurai. After acquittal, through a charge memo dated 03.05.2021, charges under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules came to be levelled against him on the delinquency, which was the same criminal charges levelled against him in S.C. No. 16 of 2012.
3. When the respondent had challenged the charge memo before the Writ Court in W.P. (MD) No. 19257 of 2022, the learned Single Judge had allowed the Writ Petition on 23.01.2024 by placing reliance on the decision of the Hon'ble Supreme Court in
Identical charges in departmental proceedings cannot proceed after acquittal in a criminal case, as established in Supreme Court precedents.
Disciplinary proceedings cannot continue if charges are based on the same facts as a criminal case which resulted in acquittal due to lack of evidence.
Disciplinary proceedings cannot continue if based on the same facts as an acquitted criminal case; a quashed charge memo results in retirement with benefits.
Disciplinary proceedings cannot continue if they are based on identical facts leading to acquittal in criminal proceedings, reflecting different standards of proof.
Acquittal in a criminal case must be considered in related departmental proceedings when based on identical facts.
The acquittal in criminal proceedings does not preclude disciplinary action in departmental proceedings, as the standard of proof and burden of proof are different in the two proceedings.
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