Departmental Proceedings after acquittal

Sir,

  Please study the case law of G.M.Tank vs State of Gujrat &Ors. to find out the judgement of Supreme Court. The  Judgement of the Apex of holding criminal and departmental proceedibgs  touching the same subject matter. Both can go side by side  concurrently or simultaneously. The pre-requisites which have been made essential are that the charges in both the cases should  not be the  same set of facts and evidences" . However, the departmental proceeding is decided  on the basis of the preponderance of the probablity and not decided in accordance with the strict rules of evidence as in criminal cases. Moreover, the Disciplinary Authority  is generally not bothered about the sufferings of the delinquent, hence the best way is to move to the court of law.       

Dear Mr. Kapoor, Firstly, your University Statues will also play a vital role in answering your question. But, usually, If the acquittal is for technical reasons then it is not binding on the disciplinary autghority. 2.If the acquittal is by giving benefit of doubt then it in that case subsequent disciplinary action can be taken. 3.when decision is not on merits and the charge fails for other reasons, then subsequent departmental enquiry can be held. Similar to your case was decisded by the Supreme Court and the Apex Court speaking through S.Murtaza, A.Varadarajan and V.B.Eradi held: " If after acquittal whether or not the departmental inquiry pending against the respondents would have tro continue. This is a matter which is to be decided by the department after considering the nature of the findings given by the criminal court. Normally where the accused is acquitted honourably and completely exonerated of the charges it would not be expedient to continue a departmental inquiry on the very same charges or grounds of evidence, but the fact remains, however, that merely because the accused is acquitted the power or the authority continue and the departmental inquiry is not taken away and its discreation in any way fettered. Howevr , as quiet some time has elapsed since the departmental inquiry had started the aithority concerned will take into consideration this factor in coming to the conclusion if it is really worthwhile to continue the departmental inquiry in the event of the acquittal of the respondents. Your case falls in this or not you have to gve a proper thought. All the best.

There is no bar to hold a departmental inquiry even when a deliquent employee has been acquited on similar  criminal charges. The reason given by Apex Court in this regard is that the proof of guilt required in criminal court is much more stringent and benifit of doubt lies in favour of accused.

 Hi expert,

My father retired from State govt. of orissa service on april 30 2004. on August 2004 A show cause notice was served on him stating "why disciplinary action should not be taken against you?" He writting a letter to the Head of the department asked for time to answer the cause, filed an administrative suit in the SAT, Cuttack, Orissa, SAT put an interim stay order on the 'Show cause notice'. Then the case could not be decide as that was a bench case, and bench could not be sit in past 5 years. and in this june 2009, after the bench has sit decided the case as the appelant has no merit. Now the question is as per state govt. service rules no departmental proceeding can initiate after 4 years of retirement. is the show cause notice is a part of departmental proceeding? i think that after getting a reply from the person on whom the notice has been served the head of the department after scrutinising the reply decided whether departmental proceeding should be initiated or not, otherwise why show cause notice is served and reply is seeked? does the court's interim stay on show cause notice has not automatically passed the 4 years phase and is it reversible as the court has decided the case.? Finally could the departmental proceeding could be started now keeping in mind the advantage of 4 years after retirement point of view?