TMI Blog1964 (10) TMI 115X X X X Extracts X X X X X X X X Extracts X X X X ..... 1961 dated 4-9-1961 and the further confirmation of the said order, again subject to further reduction of period of suspension, by the Mysore Revenue Appellate Tribunal, Bangalore, in Appeal No. 956/61(M.V). (2) The material facts of the case are as follows: it is alleged that Business bearing No. MYU 3355, owned by the petitioner, was found carrying on 30-3-1961 as many as 84 passengers, while its seating capacity was only 36. In that connection, the conductor of the business was prosecuted in C.C. No. 2040/61 on the file of the City Magistrate, Mysore. The learned Magistrate acquitted him holding that the charge levelled against him was not proved. He disbelieved the prosecution evidence as regards the alleged overloading. The said ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... asan and Sri. E.S. Venkataramiah at length. After hearing them, we have come to the conclusion that the orders impugned in this petition ought to be quashed. We shall presently state our reasons for reaching that conclusion. (4) As mentioned earlier, the question, whether the business in question was overloaded on 30-3-1961 was a question that had been gone into in C. C. No. 2040/61 on the file of the City Magistrate, Mysore. After weighing the evidence adduced in the case, the City Magistrate came to the conclusion that the prosecution case is unacceptable and acquitted the accused. The acquittal in question was not on any technical ground. The question for decision is, whether after that decision, it was open to the Tribunals constitut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he should be punished by one tribunal on the footing that he was guilty of the offence and that he should be honourably acquitted by another Tribunal of the very same offence. As primarily the criminal courts of the land are entrusted with the enquiry into offences, it is desirable that the findings and orders of the criminal courts should be treated as conclusive in proceedings before quasi judicial tribunals like the Transport Authorities under the Motor Vehicles Act. It may be noted that in the case before their Lordships, the criminal Court had come to a positive conclusion that the prosecution case was not made out. The acquittal before the Criminal Court was not on any technical grounds such as want of sanction. This position was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court Coimbatore. (1960)IILLJ678Mad . That was a case where a work man was chargesheeted for having assaulted and for casing injuries to an officer of the company. The workman was also prosecuted under S. 324 road with S. 148 of the Indian Penal Code for causing injuries to the officer. The worker was convicted of the offence. The management which held a domestic enquiry came to the conclusion that charge levelled against the workman was proved. But no final action was taken against the concerned workman in view of the pendency of some adjudication proceedings before Industrial Tribunal. Subsequently the workman was acquitted in appeal by the criminal Court. After the disposal of the Industrial dispute, without considering the acquittal se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 520SC does not bear on the point under consideration. Therein the question that fell for decision was whether the employer was a competent to hold a domestic enquiry on a charge which is also the subject matter of a criminal proceeding. (9) As seen above, it is laid down by high authority that, when a particular charge had been enquired into by Tribunals constituted under other enactments, so long as the acquittal before the Criminal Court is not on any technical ground, but on merits. (10) In the result, we allow this petition and quash the impugned orders, viz: the order passed by the 1st respondent in Appeal No. 956/61(M.V.), of the 2nd respondent in Appeal No. 209/61 and of the 3rd respondent in subject No. 27(d) of 1961. In the c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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