Criminal prosecution after departmental exoneration on identical allegations can be quashed as abuse of process.

Criminal prosecution based on materially identical allegations to a departmental charge memo may be quashed where the employee has been exonerated on merits in the disciplinary enquiry. Here, both proceedings alleged misappropriation through false or irregular bills, and the departmental inquiry ended in the petitioner's favour after the charge was dropped. The court treated the continued criminal case as abuse of process and held that inherent power under Section 482 of the Code of Criminal Procedure, 1973 could be exercised to prevent such prosecution. The criminal proceedings were quashed.

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Issues: Whether the criminal proceedings against the petitioner were liable to be quashed in view of his exoneration in the departmental proceedings on the same allegations.

Analysis: The allegations in the departmental charge memo and the criminal charge sheet were materially identical, both concerning alleged misappropriation of funds of Rs. 1,20,000/- by drawing amounts on false or irregular bills. The departmental enquiry ended in the petitioner's favour, with the charge being dropped after the inquiry report. Applying the principle that criminal prosecution may not continue where the person has been exonerated on merits in an identical adjudication or disciplinary proceeding, the continued criminal case was found to amount to abuse of process. The power under Section 482 of the Code of Criminal Procedure, 1973 was held to be available for such interference.

Conclusion: The criminal proceedings against the petitioner were liable to be quashed and were quashed.

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