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Departmental Proceedings & Criminal Prosecution

Service Matter  -  Departmental proceeding  - Criminal prosecution - In case of exoneration in Department proceedings, however, on merits where the allegation is found to be not sustainable at all and the person held innocent, criminal prosecution on the same set of facts and circumstances cannot be allowed to continue, the underlying principle being the higher standard of proof in criminal cases - A reading of CVC Report shows that, at the highest, the appellant may be negligent without any criminal culpability -  In fact, the positive finding of the CVC that the appellant appears to be a victim of M’s  plot is of some importance - Chances of conviction in a criminal trial involving the same facts appear to be bleak -  Therefore, discharge the appellant from the offences under the Penal Code. Radheshyam Kejriwal v. State of West Bengal, (2011) 3 SCC 581, followed. #2020 SCeJ 1661 

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Comments: 2
  • #1

    Nagesh (Tuesday, 15 September 2020 08:23)

    Pls send

  • #2

    H R Dharanendra (Monday, 21 September 2020 19:35)

    Its really useful