Departmental proceeding

imteyaz farooquee (Querist) 15 August 2012 This query is : Resolved
Dear expert,
In a case u/s 409 IPC, in departmental proceeding, an accused was given clean chit.What was the affect of that departmental proceeding in criminal trial in the court of Judicial Magistrate ? Please quote decision of apex court

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Guest (Expert) 15 August 2012
Dear Farooquee,

Any departmental proceeding and decision arrived at as a result of departmental proccedings do not have any bearing on any court proceeding. Rather, court's decision can definitely have a bearing on any departmental decision in connection with the case.

prabhakar singh (Expert) 15 August 2012
Right is Mr. Dhingra.Clean chit by department has no bearing on case before magistrate.It is magistrate's clean chit which does have a bearing on departmental case.Though prosecution burden to prove beyond doubt is a bit more enhanced in this circumstance.

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