Vs.

Judges: S. SAGHR AHMAD & V.N. KHARE, JJ.

Date of Judgment: Mar 30, 1999

Articles 226, 14 – Departmental proceedings – Dismissal same set of facts and evidence – Inquiry proceeded exparte – Same witnesses relied upon by enquiry officer but on the evidence of same witnesses, employee acquitted in criminal trial.Held that it would be unfair and unjust to allow the findings of enquiry proceedings to stand. Dismissal set-aside and re-instatement ordered.

The criminal case as also the departmental proceedings were based on identical set of facts, namely, ‘the raid conducted at the appellant’s residence and recovery of incriminating articles therefrom.’ Charges framed against the appellant were sought to be proved by Police Officers and Panch witnesses, who had raided the house of the appellant and had effected recovery. They were the only witnesses examined by the Inquiry Officer and the Inquiry Officer, relying upon their statements, came to the conclusion that the charges were established against the appellant. The same witnesses were examined in the criminal case but the court, on a consideration of the entire evidence, came to the conclusion that no search was conducted nor was any recovery made from the residence of the appellant. The whole case of the prosecution was thrown out and the appellant was acquitted. In this situation, therefore, where the appellant is acquitted by a judicial pronouncement with the finding that the “raid and recovery” at the residence of the appellant were not proved, it would be unjust, unfair and rather oppressive to allow the findings recorded at the ex- parte departmental proceedings, to stand. (Para 34)