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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.Anand Venkatesh
S.Vijayasekar – Appellant
Versus
State of Tamil Nadu rep. By its Principal Secretary to Government, Home (Police XVII) Department – Respondent
ORDER :
N. Anand Venkatesh, J.
The issue involved in both these writ petitions is common and hence they are taken up together, heard and disposed of through this common order.
2. W.P.No.24167 of 2024 has been filed challenging the proceedings of the first respondent dated 03.05.2024 wherein charge memo has been issued against the petitioner to hold an enquiry under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules.
3. W.P.No.24170 of 2024 has been filed against the impugned Government Order dated 31.07.2024 not permitting the petitioner to retire from service and retaining him in service from 31.07.2024 and for consequential direction to the respondents to allow the petitioner to retire from service with all consequential and attendant benefits.
4. The case of the petitioner is that he was working as a Additional Director (Operations and Training) from the year 2020. Based on a complaint, an FIR came to be registered in Crime No.2 of 2020 by the Vigilance and Anti Corruption, Coimbatore for offence under Sections 13 (2) read with 13(1)(e) of the Prevention of Corruption Act, 1988. The investigation was completed and prima facie materials were collected to show th
Disciplinary proceedings cannot continue if they are based on identical facts leading to acquittal in criminal proceedings, reflecting different standards of proof.
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.
An acquittal in a criminal case influences disciplinary proceedings if based on identical facts; punitive actions must respect judicial findings to avoid injustice.
Acquittal in a criminal case must be considered in related departmental proceedings when based on identical facts.
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....
Identical charges in departmental proceedings cannot proceed after acquittal in a criminal case, as established in Supreme Court precedents.
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.
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