Acquittal by a Criminal Court does not preclude a Departmental Inquiry against delinquent officer

30
09/2019

Acquittal by a Criminal Court does not preclude a Departmental Inquiry against delinquent officer

In Karnataka Power Transmission Corporation Limited Vs. C. Nagaraju and Ors., the Supreme Court was decided that acquittal by a criminal Court would not debar an employer from exercising the power to conduct departmental proceedings in accordance with the Rules and Regulations. The two proceedings, criminal and departmental, are entirely different. They operate in different fields and have different objectives. In the disciplinary proceedings, the question is whether the Respondent is guilty of such conduct as would merit his removal from service or a lesser punishment, as the case may be, whereas in the criminal proceedings, the question is whether the offences registered against him under the PC Act are established, and if established, what sentence should be imposed upon him. The standard of proof, the mode of inquiry and the Rules governing inquiry and trial in both the cases are significantly distinct and different.

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