Once exonerated in departmental inquiry, no second proceedings on identical charges absent specific review power; subsequent criminal charge sheet does not justify fresh departmental action.

O R D E R

Hon’ble Mr. R. N. Singh, Member (J): -

1.By way of the present O.A., filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant, in paragraph 8 of the OA, has prayed for the following reliefs: -

“(a) Quash and set aside Order dated 04.09.2023 initiating second disciplinary proceedings against the applicant on the same charges and further quash summary of allegations dated NIL and orders dated 18.03.2024 and 21.08.2024, whereby the representations preferred by the applicant for dropping the second disciplinary proceedings against him were turned down. And (b) Direct the respondents to accord all the consequential benefits to the Applicant viz. seniority, promotion etc. And

(c) Award cost in favour of the Applicant and against the respondents. And/or

(d) Pass any further order, which this Hon’ble Tribunal may deem fit, just equitable in the facts and circumstances of the case.”

2. Brief undisputed facts are that the Applicant was appointed as Sub Inspector under the respondents in the year 1995 and was later promoted to the post of Inspector (Exe.) in the year 2010. While he was posted as Station House Officer (SHO), Police Station Defence Colony, Delhi, joint disciplinary proceedings were initiated against him vide order dated 03.12.2018. The respondents conducted a vigilance inquiry and submitted a report indicting the applicant and co-delinquents. Thereafter, a summary of allegations dated 21.12.2018 was issued to him which the applicant refuted. The Inquiry Officer after carefully examining the evidence and PWs held the charges leveled against the applicant as not proved. The Disciplinary Authority accepted the report of the Inquiry Officer and exonerated the applicant vide order dated 07.01.2020.

3. Thereafter, a WP(Crl.) No. 1543/2019 was preferred by one Sh. Manish Popli before the Hon’ble High Court of Delhi praying to constitute a specialized investigation report to conduct inquiry against the persons named as the perpetrators in the Vigilance Inquiry report dated 21.03.2018. The respondents filed their status report before the Hon’ble High Court of Delhi on 19.07.2019 defending the applicant. The Hon’ble High Court of Delhi vide order/judgment dated 09.01.2020 disposed of the above Writ Petition with the direction that the allegations against the applicant are required to be thoroughly investigated by the CBI. In pursuance thereof, the CBI registered/renumbered FIR No. RC/S-1/2020/S003 dated 12.02.2020.

4. Subsequently, the respondents on the basis of the above developments initiated joint disciplinary proceedings against the applicant and the co- delinquents vide order dated 04.09.2023 which is under challenge in the present OA.

5. Pursuant to notice, the respondents have filed their counter affidavit opposing the claim of the applicant.

6. The applicant has filed rejoinder and has reiterated his claim and the grounds in support thereof.

7. We have heard the learned counsels for the parties and have also gone through the pleadings available on record.

8. Learned counsel for the applicant contends that the impugned order dated 04.09.2023 and the summary of allegations, are on the charges identical to those for which the applicant had already been exonerated by the competent disciplinary authority vide order dated 07.01.2020 after a full-fledged departmental inquiry. The Applicant submits that despite his clean exoneration, and notwithstanding the pendency of criminal proceedings initiated pursuant to directions of the Hon’ble Delhi High Co