TMI Blog2005 (3) TMI 811X X X X Extracts X X X X X X X X Extracts X X X X ..... t of facts, the first respondent and another were proceeded with in S.C. NO. 92 of 1992 on the file of Special Judge-cum-Chief Judicial Magistrate, Sivaganga for offences under Sections 7 and 13 of the Prevention of Corruption Act. The impugned order also shows that the said case ended in acquittal by judgment dated 16.9.1994. There is no dispute that the said judgment had become final. The Tribunal perusing the copy of the judgment and the contents of the charge memo found that the facts relied upon in the charge memo are the same facts, on which the first respondent was tried before the Special Court and therefore the acquittal by the criminal court cannot be easily lost sight of in deciding as to whether the departmental proceedings shou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... principle. In answer to this, the learned Special Government Pleader would argue that the Special Court in this case did not give a honourable acquittal but it is only due to the benefit of doubt arising on the facts available in this case. Therefore such a judgment based on the benefit of doubt alone would amount to acquittal on technical grounds, which will not bar the department to proceed with the enquiry. 3. Having regard to the above submissions, we went though the entire materials on record. In our opinion, the judgment of acquittal giving the benefit of doubt to the accused, cannot be equated to judgment of acquittal on technical grounds. Only when a Court without evaluating the evidence on record, passes a judgment of acquittal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oted in the year 1989. The finding in that case is that the departmental proceeding and the prosecution relate to the same transaction and since the judgment of the criminal court acquitting the appellant was on merits and as it had become final, the necessary consequence would be that the delinquent is entitled to reinstatement, as if there is no blot on his service and the need for departmental enquiry is obviated. Only in that context, the Honourable Supreme Court of India held that if an acquittal by the criminal court is on technical grounds, the authorities are entitled to conduct departmental enquiry on the self same allegations and take appropriate disciplinary action. It was emphasised in that judgment, that in that case the ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e departmental proceedings cannot be unduly delayed. (v) If the criminal case does not proceed or its disposal is being unduly delayed, the departmental proceedings, even if they were stayed on account of the pendency of the criminal case, can be resumed and proceeded with so as to conclude them at an early date, so that if the employee is found not guilty his honour may be vindicated and in case he is found guilty, administration may get rid of him at the earliest. It is no doubt true that in the judgment relied upon by the learned Special Government Pleader namely, it was held that the power to proceed with the departmental enquiry remains unfettered though the criminal court would have acquitted the accused. As already stated, sin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... first respondent's retirement, they passed an order dated 28.2.2002 suspending him stating that enquiry into grave charges of corruption is contemplated. Therefore the fact remains that in respect of the incident that is shown to have taken place in the year 1991, for fourteen long years, the authorities have not chosen to take action at all except serving the charge memo and the suspension order. The Tribunal found that the charge memo itself had been issued subsequent to the acquittal by the criminal court (ie) almost after two years. Therefore at this distance point of time if the first respondent has to face the departmental enquiry, considerable prejudice would be caused to him. 5. For all the reasons stated above, we are incli ..... X X X X Extracts X X X X X X X X Extracts X X X X
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