Complete exoneration in departmental proceedings can bar continued criminal prosecution where identical charges leave no real prospect of conviction.

Criminal proceedings cannot be continued where the accused has been completely exonerated in departmental proceedings on the same facts and charges, and the departmental appellate tribunal has accepted the defence on merits and set aside the adverse order. When the departmental and criminal allegations are identical and the factual foundation of the complaint has been removed, a criminal trial serves no useful purpose and creates no real prospect of conviction. In such circumstances, continuation of the prosecution amounts to an abuse of the process of law, and the criminal case is liable to be quashed.

---

---

Issues: Whether criminal proceedings could be continued when the accused had been completely exonerated in the departmental proceedings on the same set of facts and charges.

Analysis: The departmental appellate tribunal had accepted the defence on merits and set aside the adverse order, resulting in complete exoneration of the accused. Where the departmental and criminal allegations are identical and the factual foundation of the complaint has been removed, continuing the criminal case serves no useful purpose. In such circumstances, forcing the accused to undergo trial would amount to an abuse of the process of law, particularly when no real prospect of conviction remains.

Conclusion: The criminal proceedings could not be sustained and were liable to be quashed in view of the complete exoneration in the departmental proceedings.

---