Justice Kauser Edappagath went through legal precedents regarding exoneration in departmental proceedings and its impact on criminal prosecution and found that there were conflicting decisions.
It noted that a three-judge bench of the Supreme Court had in State (NCT of Delhi) v. Ajay Kumar Tyagi held that the exoneration of an accused in the departmental proceeding would not ipso facto result in the quashing of the criminal prosecution.
Later, in Ashoo Surendranath Tewari v. CBI, another three-judge bench of the apex court had taken the view that if the allegation in the adjudication proceedings as well as the proceeding for prosecution are identical and the exoneration of the person concerned in the adjudication proceedings is on merits, the trial of the person concerned shall be an abuse of the process of the court.
However, Justice Edappagath noted that the same dealt with the effect of adjudication proceedings on criminal prosecution and not the effect exoneration in departmental proceedings on criminal prosecution.
“For these reasons, I hold that the criminal prosecution against an accused can very well be initiated or continued, notwithstanding his exoneration on the identical charge in the departmental proceedings,” the High Court stated in its judgment.
Source: Barandbench
