An honorable acquittal in a criminal trial should prevent the initiation of departmental proceedings based on the same facts and evidences.

JUDGMENT :

Rajesh Singh Chauhan, J.

1. Heard Sri Shivam Sharma, learned counsel for the petitioner and Sri Vishal Verma, learned State Counsel for the State-respondents.

2. By means of this writ petition, the petitioner has initially assailed the departmental enquiry initiated against the petitioner issuing the charge-sheet, which is contained as Annexure No.12 to the writ petition.

3. The submission of learned counsel for the petitioner is that the petitioner has already been acquitted from the trial court i.e. the Additional Chief Judicial Magistrate, Court No.2, Bulandshahr vide order dated 24.11.2018 passed in Criminal Case No.642 of 2018; State vs. Sanjay Kishore bearing Case Crime No.710 of 2015, under Sections 409, 420 I.P.C. and Section 66-D of I.T. Act read with Section 4/10 of U.P. Public Examination (Prevention of Unfair Means) Act, Police Station-Kotwali Nagar, District-Bulandshahr. The trial court is having the identical facts and allegations pursuant to which the departmental enquiry has been conducted, therefore, he may not be departmentally tried for the same set of facts and evidences in view of the law laid down by Hon'ble Apex Court in the case of G.M. Tank vs. State of Gujarat and Anr, 2006 5 SCC 446.

4. Since during pendency of this writ petition, which was filed on 23.04.2019, the Secretary of the Department has issued a show cause notice dated 03.05.2019 enclosing therewith the copy of the enquiry report dated 16.04.2019, which is contained as Annexure No.17 to the writ petition, therefore, the learned counsel for the petitioner has amended the writ petition and has assailed the enquiry report dated 16.04.2019 and show cause notice dated 03.05.2019, which are contained collectively as Annexure No.17. The fact that the enquiry against the petitioner has been concluded and the show cause notice has been issued, has been brought into the notice of the Court on 30.05.2019, therefore, vide order dated 30.05.2019 this Court permitted the petitioner to amend the writ petition and protection was granted restraining the competent authority to take final decision in the matter. It has been informed by learned counsel for the parties that no final decision has been taken in compliance of order of this Court dated 30.05.2019.

5. The question to be adjudicated by this Court is as to whether the departmental trial may be conducted to examine the similar facts and evidences for which the criminal proceedings have been concluded resulting in the hon'ble acquittal from the criminal court of an employee.

6. The brief facts of the case are that the petitioner was serving on the post of Principal in Government Industrial Training Institute, Bulandshahar in the year 2015 when the incident in question took place. As per learned counsel for the petitioner, the entire career of the petitioner for 30 years was spotless and unblemished.

7. Learned counsel for the petitioner has submitted that the petitioner through out his illustrious career supervised and conducted All India National Level Examination of Industrial Training Institutes (here-in-after referred to as the "I.T.I.") in the capacity of Nodal Principal of the respective districts and no discrepancy any kind whatsoever has been pointed out. He has also served as Drawing & Disbursing Officer of Directorate Training and Employment of U.P. In July, 2015, the petitioner was discharging his official duties as Nodal Principal, Government Industrial Training Institute, Bulandshahar and as a part of his duties, he written official letters to the District Magistrate, Bulandshahar and Senior Superintendent of Police, Bulandshahar for deployment of of Magistrates and sufficient police force at all Examination Centres to ensure fair and transparent conduct of examination. As per learned counsel for the petitioner, after much persuasion and deliberation the District Magistrate, Bulandshahar issued an order dated 25.07.2015 deploying the Static Magistrates at all five Examination Centres end