Exoneration on merits can bar criminal prosecution where the record shows only negligence and no criminal culpability.

Exoneration on merits in departmental and vigilance proceedings arising from the same facts can justify ending criminal prosecution where the material shows at most negligence and no criminal culpability. The Court contrasted the higher criminal standard of proof beyond reasonable doubt with the lower preponderance standard used in disciplinary proceedings, and treated the absence of sustainable allegations as making continued prosecution unjustified. On that reasoning, the appellant was discharged from the Penal Code offences and the criminal proceedings could not continue.

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Issues: Whether the appellant was entitled to discharge from the criminal case in view of the Central Vigilance Commission report and the absence of material showing criminal culpability.

Analysis: The prosecution arose from the same facts that had been examined in the departmental and vigilance proceedings. The report recorded that the appellant had at most been negligent in the discharge of his duties and that the principal fraud was attributable to another person. The Court noted that criminal liability requires proof beyond reasonable doubt, which is a higher standard than the preponderance of probability applied in departmental or adjudicatory proceedings. Where exoneration on merits shows that the allegation is not sustainable and the person is, in substance, innocent of the charge, continuation of criminal prosecution on the same facts would be unjustified.

Conclusion: The appellant was entitled to be discharged from the offences under the Penal Code and the criminal proceedings could not be continued.

Ratio Decidendi: Where a person is exonerated on merits in proceedings arising from the same facts, and the material shows at most negligence without criminal culpability, continuation of criminal prosecution may amount to an abuse of process because the prosecution must still satisfy the higher criminal standard of proof.

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