ORDER

The matter was enlisted in final-hearing-cases-list. The learned counsel for the rival parties were heard on 08.08.2024 and today the order is being pronounced.

2. By the instant petition, the petitioner is challenging the order of punishment passed in a departmental enquiry inflicting punishment of dismissal from service. An appeal preferred by the petitioner also faced dismissal. Ergo, this petition was filed.

3. The sole ground of challenge to the order of punishment was that on the same set of charges, a criminal case was registered and the petitioner was tried and ultimately was acquitted. As per the learned counsel for the petitioner, the finding given by the Court which tried the criminal case dealing with the same charge, that has been alleged against the petitioner in the departmental enquiry, such finding of Court acquitting the petitioner from criminal charges is binding upon the department and as such the order passed by the disciplinary authority in the departmental proceeding is required to be quashed.

4. In contrast, Shri Bhowmik, learned counsel appearing for respondents No.3 to 5 has submitted that although the Supreme Court in number of cases has observed that t