TaxTMI 
TaxTMI 
2023 (2) TMI 1459
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.... is not tenable in law since the disciplinary action initiated led to his exoneration from the charges levelled against him. 2. On the basis of an FIR lodged by the informant, Burla P.S. Case No.300 of 2019 was registered under Sections 341, 506 and 186 read with 34 IPC which corresponds to G.R. Case No. 2594 of 2019 pending before the learned court below. The prosecution case is that the petitioner and an associate forcibly entered into a meeting place with few others and forced to stop the said meeting and abused the informant and another using unparliamentarily language questioning the latter as to why they have involved the faculty members for admission work of UnderGraduate and Post-Graduate students for an academic year. 3. Hear....
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....ound to terminate criminal prosecution wherein the charges are to be independently considered. The incident has happened during which the petitioner and another allegedly committed the mischief for which the informant lodged the report and hence, according to Mr. Mohapatra, learned counsel for the State, the criminal proceeding cannot be quashed as has been prayed for by the other side. 6. Gone through the contents of the FIR as at Annexure-1. On a bare reading of Annexure-1, it is made to understand that the alleged incident took place on 5th August, 2019 and during and in course of events, the petitioner and an Assistant Professor forcibly made their entry into a meeting place with others and committed the overt acts and also stopped t....
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....i (supra), this Court while dealing with an allegation of tampering of marks held and concluded that there was no direct involvement of the petitioner, who was censured though the major charges could not be established and there the period of suspension was treated as duty. It was a case of manipulation of marks in respect of an examination of HSC of the year 2007 and therein, the petitioner, who was the Secretary, Board of Secondary Education, Orissa was made to face the enquiry and for having no direct role to play was exonerated of the main charges although censured and in that background, the Court concluded that with lessor standard of proof, the charges could not be established in enquiry on same set of facts, whereas, higher standard....
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....t if there is an honourable exit, which means after consideration of the evidence in detail received during a departmental enquiry, it is found by the Authority that the charges could not be established or the department miserably failed to prove it, in such a situation, since there is a remote possibility of any evidence to resurface during criminal trial where standard of proof is higher, it should not be allowed to continue which would result in abuse of process of the court. 9. In the case at hand, a copy of the Memorandum is at Annexure-2. The Court perused the charges framed against the petitioner. It contains Article of Charges under Annexures-I & II which included the alleged incident dated 5th August, 2009 vide Charge No.3. The ....
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....ely resulted in the charge not being established after a departmental enquiry, it can be safely concluded that there has been an honourable exoneration and if such is the evidence received in the departmental proceeding, there is also a bleak chance of his conviction. The departmental enquiry was conducted not only for the incident but for other misconduct and finally the conclusion was that the charges vis-a-vis the petitioner could not be established on examination of the evidence which included the statement of witnesses besides material supplied with photographs and videos with an observation that there was a mass strike of faculty members during that time and consequent upon such exoneration from all the charges, his period of suspensi....