Departmental exoneration does not bar criminal prosecution; criminal proceedings must be tested independently on their own evidence.

Departmental exoneration does not, by itself, justify recall of an earlier order or quashing of criminal proceedings on the same allegations. Criminal liability must be assessed independently on the evidence led in the criminal case, because the criminal standard of proof is higher than in disciplinary enquiries. The petitioners' reliance on a vigilance opinion and departmental findings was also undermined by the absence of timely production of the material before the earlier order. The recall petitions were therefore dismissed and the criminal proceedings were allowed to continue.

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Issues: Whether the recall petitions seeking recall of the earlier order and quashing of the criminal proceedings could be entertained on the basis of the departmental exoneration and vigilance opinion.

Analysis: The departmental findings relied upon by the petitioner did not, by themselves, bind the criminal prosecution. The governing principle applied was that exoneration in disciplinary proceedings does not ipso facto lead to quashing of criminal proceedings, particularly where the criminal case must be decided on the evidence adduced before the trial court and the standard of proof in criminal proceedings is higher than in departmental enquiries. The petitioner had also not produced the material in time before the earlier order was passed, and no contrary binding authority was shown to displace the settled position relied upon.

Conclusion: The recall petitions were held to be unsustainable and were dismissed.

Final Conclusion: The criminal proceedings were allowed to stand, and the attempt to reopen the earlier dismissal on the basis of departmental exoneration failed.

Ratio Decidendi: Exoneration in departmental proceedings does not, by itself, warrant quashing or recall of criminal proceedings based on identical allegations; criminal liability must be tested independently on the evidence in the criminal case.

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