TaxTMI 
TaxTMI 
2025 (1) TMI 1834
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....intending Engineer in Public Health Engineering Department, Bihar, Patna, has made illegal appointments and promotions without following the rules and regulations. The petitioner retired on 31.01.1998 as a Superintending Engineer and departmental proceeding was started on 08.05.2000. As per the inquiry report, the petitioner was found to be guilty of illegal appointments of 15 persons. However, against the finding and the punishment arising out of inquiry report, the petitioner moved this Court under writ jurisdiction vide C.W.J.C. No. 13390 of 2000, wherein learned writ Court set aside the inquiry report dated 24.07.2000 and consequent order of punishment dated 30.11.2000, finding that the whole finding of the Inquiry Officer was perverse in view of failure of the department to supply the relevant documents in support of the allegation. Learned writ Court also rejected the prayer of the department for remanding the matter for fresh inquiry, because learned writ Court did not deem it fit to expose the petitioner to harassment at this stage of life. The writ Court order dated 31.01.2008 was challenged in L.P.A. No. 687 of 2008, wherein learned L.P.A. Court also upheld the order of l....
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....ice of charge memo, meaning thereby that the exoneration of the petitioner by learned writ Court is only temporary and he may be found guilty in a fresh inquiry. Hence, he cannot take benefit of the order of learned writ Court. 8. By way of reply, learned Amicus Curiae and learned counsel for the petitioner submit that the writ Court has discussed the merit of the case threadbare and found that despite persistent demand of the petitioner for documents on which the State Government had relied in the support of the allegation was not supplied and hence, the finding of the inquiry report was found to be perverse. They further submit that despite clarification by LPA Court that the State Government could proceed from the stage of chargesheet/charge memo, the State Government has not preferred to proceed for further inquiry till date even after passage of about 16 years, which means that the setting aside of the inquiry report and punishment order by learned writ Court and upheld by learned L.P.A. Court has become absolute and the petitioner stands exonerated of the charge on merit. 9. He also submits that by change of stage in the Court below does not render the proceeding filed ....
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....ed to prove the charge against the petitioner beyond all reasonable doubts. Hence, the standard of proof in criminal proceeding is much higher than that of departmental proceeding. If the prosecution has failed to prove its charge as per the standard of preponderance of probability, needless to say that the prosecution is found to fail to prove its charge in criminal proceeding beyond all reasonable doubts against the petitioner. In such situation, subjecting the petitioner at the fag end of his life to criminal proceeding is futile exercise and abuse of the process of Court. 15. The aforesaid opinion of this Court finds sustenance from Radheshyam Kejriwal case (Supra), wherein Hon'ble Apex Court, after referring to several precedents, has held as follows:- "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 proceedings and criminal proceedings are independent in nature to each other; (iv) ....
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....after the allegations have been found to be unsustainable, then the criminal prosecution premised on the same set of allegations cannot be permitted to continue. The reasoning for this recourse articulated in above decisions is that the standard of proof in criminal cases is 'beyond reasonable doubt' which is far higher than 'preponderance of probability', the standard of proof required in disciplinary proceedings. In case the lower threshold could not be met in the disciplinary proceeding, there is no purpose in prosecuting the criminal proceedings where the standard of proof required to establish the guilt is higher. 27. The reliability and genuineness of the allegations against the petitioner has already been tested during the disciplinary proceedings and the petitioner has been exonerated of such allegations. As noted above, the findings of the Inquiry Officer, the Disciplinary Authority as well as of the UPSC on the charge contained in ArticleI which is identical to the allegations in the criminal case arising out of FIR No. 55/2014, are concurrent. In this backdrop the present case can undisputedly be brought under sub-paras (3) read with sub-paras (5) of para 102 of....
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.... been saved to advance justice and not to frustrate it. 20. However, when the trial has reached the stage of judgment, it is not desirable to act upon the petition. After the judgment, the petitioner would have liberty to file appeal wherein he may raise all points of law and facts. 21. As such, the submission on behalf of the State and the Informant that the present petition has become infructuous with change of the stage of the trial can not be accepted. This court is duty bound to entertain and act upon the petition even when the trial has reached the stage of prosecution evidence." 20. Hence, this Court is unable to agree with the submissions of learned counsel for the Vigilance Department that after change of the stage in the Court below, the present proceeding under Section 482 Cr. PC has become infructuous. 21. In view of the aforesaid facts and circumstances, I find that the impugned order is not sustainable in the eye of law. It is liable to be set aside under Section 482 Cr. PC to prevent the abuse of the process of the Court and to meet the ends of justice. The case is squarely covered by the guidelines as given by Hon'ble Apex Court in sub-paras ....