Can the department carry on the departmental enquiry even after acquittal in the criminal case which was filed on the basis of the departmental proceeding. I am working as an executive engineer in the Public Works Department. When I was posted in XXX some tenders were issued in respect of construction of the amusement park. Later on a departmental enquiry was constituted to examine the corruption in that amusement park. Therefore the principal secretary had ordered a disciplinary proceeding against me.
In the same case the principal secretary was also ordered to lodge First Information Report against me under the prevention of corruption act. In the trial of that Criminal Case the special Court found no evidence against me; therefore acquitted me from all charges. The state government preferred an appeal against judgement of the special Court.
The appellate court also dismissed the appeal of the state government. At present I am exonerated from the criminal charges. Despite that the department is not ready to drop the disciplinary proceeding. I want to know if I file a writ petition in the High Court, is there any possibility that the High Court mein direct the state government to top the department of proceedings on the basis of equator in criminal offences? Please suggest.
It seems that you are facing a disciplinary proceeding and have been acquitted of criminal charges in a separate case. If you feel that the disciplinary proceeding is taking too long and want to expedite the process, you can file a writ petition in the High Court requesting for a time frame to be fixed for the department to decide the case.
The High Court may or may not pass an order on the dropping of the departmental inquiry as the standard of proof in a departmental inquiry and a criminal trial is different. It’s important to note that just because you have been acquitted of criminal charges, it doesn’t necessarily mean that the Department doesn’t have any evidence or material against you.
The purpose of a criminal trial is to punish the accused for the offence, whereas the purpose of a departmental inquiry is to maintain discipline and efficiency in public service. The standard of proof required in a departmental inquiry is lower than that in a criminal trial, and the rules of evidence are different.
Therefore, it’s possible that the department may still have evidence or material against you that may warrant further action in the disciplinary proceeding.
That’s correct. Even if you have been acquitted in the criminal case, it’s still possible for the departmental inquiry to proceed and for disciplinary action to be taken against you if the department has evidence or material against you.
The High Court may not pass any order for dropping the departmental inquiry solely on the basis of your acquittal in the criminal case, as the standard of proof and rules of evidence are different in a departmental inquiry.
The departmental inquiry must follow its own due process, and the evidence presented in the inquiry will be evaluated according to its own merits.
Therefore, the outcome of the criminal case does not necessarily determine the outcome of the departmental inquiry.
