Criminal action and disciplinary action.

Isaac Gabriel (Querist) 18 March 2012 This query is : Resolved
A Government employee was dismissed from service for supervisory lapses and also included as accused in criminal case for the same charge.On appeal, the Head of Department observed that the charge of misappropriation not found against him and set aside the dismissal order stating that supervision lapse does not warrant.In this juncture,is there possibility to drop the criminal action against him.

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Raj Kumar Makkad (Expert) 18 March 2012
Criminal action and departmental action are distinct and separate, however, the benefit of dropping of major departmental charge shall benefit the employee in criminal case/

Adv.R.P.Chugh (Expert) 18 March 2012
The Decision in the disciplinary case would not result ipso facto in the criminal case being dismissed. The Burden of Proof in both is quite different.

s.subramanian (Expert) 19 March 2012
I fully agree with and endorse the above views.

Arvind Singh Chauhan (Expert) 19 March 2012
I agree with learned seniors.One of LCI member attached the following attachment here, which i could not find in Judis nic in. I am attaching the same, if it is, It will certainly helpful to you.

K.S.Srinivas (Expert) 19 March 2012
Criminal case and departmental proceedings are distinct and different. In a criminal case, proof beyond reasonable doubt is essentially required to punish the accused whereas in a departmental proceedings preponderance of probability is sufficient, as mentioned in the judgement of Cap.Paul Anthony V. Bharath Gold Mines limited.

Nadeem Qureshi (Expert) 19 March 2012
I also agree with experts

Guest (Expert) 19 March 2012
Dear Isaac,

Had the court case been of civil nature, decision of the appellate authority in departmental inquiry case, treating the employee not guilty, could have benefited in the civil case of the court, as both the cases would have been possible to be treated comparable for the purpose of offence.

Isaac Gabriel (Querist) 19 March 2012
Thank you for having spared your precious time to answer my query.

venkatesh Rao (Expert) 19 March 2012
I must thank Gabrail sir for having posted the question I was about to post;and Aravind for giving an apt judgment.