The Larger bench of the Supreme Court in a judgment delivered on 31.8.2012 held:
"
We are, therefore, of the opinion that the exoneration in the
departmental proceeding ipso facto would not result into the quashing of
the criminal prosecution. We hasten to add, however, that if the
prosecution against an accused is solely based on a finding in a
proceeding and that finding is set aside by the superior authority in the
hierarchy, the very foundation goes and the prosecution may be quashed.
But that principle will not apply in the case of the departmental
proceeding as the criminal trial and the departmental proceeding are held
by two different entities. Further they are not in the same hierarchy."
