TaxTMI 
TaxTMI 
2022 (5) TMI 1714
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.... are that one Bijay Shankar Das, son of Sri Bishnu Charan Das, appeared in the Annual High School Certificate Examination for 2007, conducted by the Board of Secondary Education, Orissa (BSE) at the Government High School, Jagatsinghpur Centre from 7th March 2007 to 16th March 2007. It was alleged that there had been a manipulation of the marks in the said examination in respect of the roll number of the said Sri Bijay Shankar Das and others at the valuation Centre of the BSE. 4. On receipt of the above information, an enquiry was conducted. During the enquiry, it was ascertained that the marks of Sri Bijay Shankar Das had been tampered, manipulated and enhanced at various leaves by officers to give undue advantage and favour to him. It was suspected that the marks of other candidates also might have been similarly tampered and manipulated. Accordingly, an FIR was registered and consequently, G.R. Case No.1057 of 2007 was registered on the board of the S.D.J.M., Sadar Cuttack. 5. In course of the investigation, it transpired that the result of the Annual High School Certificate Examination was published on 29th May 2007, in which Bijay Shankar Das was declared passed in the F....
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.... tampering activities or on the issue of back dated mark sheets and certificates. Hence, he may be exonerated from the charges. The period suspension from 22.08.2007 to 26.10.2009 may be treated as duty." 9. However, the Enquiry Officer in an earlier enquiry dated 18th November, 2010 made the following noting on 21st June, 2011: "The perusal of the report of the CDI and the report of the Chief Secretary reveals that no clear cut evidence against Minaketan Pani the delinquent officer is available in support of the charges framed against him. Both the Chief Secretary and CDI have agreed that the tampering and increasing of marks have not directly been done by the delinquent officer, Dr. Pani. But the delinquent officer cannot be fully absolved from his indirect involvement in the episode as suggested by the CDI and the Chief Secretary." 10. The Petitioner was therefore 'censured' since the main charges were not proved and the period from 22nd August 2007 to 26th October 2009 was treated as duty. Aggrieved by the order (noting) dated 21st June 2011, the Petitioner preferred an appeal and after the appeal was dismissed, filed O.A. No.2001 of 2012 before the Odis....
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....atigi v. West Patent Press Co. Ltd. AIR 1980 Kant 92 (FB) (b) Gujarat Housing Board, Ahmedabad v. Nagajibhai Laxmanbhai AIR 1986 Guj 81 (FB); (c) Jabalpur Bus Operators Association v. State of Madhya Pradesh AIR 2003 MP 81 (FB). 17. Of the three Judgments cited, two by Mr. Dhal for the Petitioner and one by the learned ASC, the earliest is the decision in Radheyshyam Kejriwal v. State of West Bengal (supra) where the following principles were laid down: "38. The ratio which can be culled out from these decisions can broadly be stated as follows: (i) Adjudication proceedings and criminal prosecution can be launched simultaneously; (ii) Decision in adjudication proceedings is not necessary before initiating criminal prosecution; (iii)Adjudication proceeding and criminals proceeding are independent in nature to each other; (iv) The finding against the person facing prosecution in the adjudication proceedings is not binding on the proceeding for criminal prosecution; (v) Adjudication proceedings by the Enforcement Directorate is not prosecution by a competent court of law to attract the provisions of Article 20 ....
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....al prosecution on the identical charge or the evidence has to be quashed" 20. In State (NCT of Delhi) v. Ajay Kumar Tyagi (supra), the Supreme Court noted that the decision in P.S. Rajya (supra) which was by the Bench of two Judges was distinguished in a subsequent decision in State v. M. Krishna Mohan (2007) 14 SCC 667 which was again by a two-Judge Bench. It was accordingly held that the decision in P.S. Rajya (supra) was not an authority for the proposition that exoneration in departmental proceeding ipso facto would lead to a judgment of acquittal in a criminal trial. 21. Despite noting the aforementioned decisions, the decision in State (NCT of Delhi) v. Ajay Kumar Tyagi (supra) failed to take note of the coordinate Bench judgment in Radheyshyam Kejriwal v. State of West Bengal (supra). The latter Judgment was binding on the coordinate Bench and therefore the Judgment in State (NCT 21. Despite noting the aforementioned decisions, the decision in State (NCT of Delhi) v. Ajay Kumar Tyagi (supra) failed to take note of the coordinate Bench judgment in Radheyshyam Kejriwal v. State of West Bengal (supra). The latter Judgment was binding on the coordinate Bench and therefore ....