Criminal Prosecution On Same Allegations Cannot Continue If Exoneration In Departmental Proceedings Is On Merits: Supreme Court - Synopsis
Nilanjana Ganguly 16 Sep 2020

Supreme court says that in a departmental proceeding if no allegation is formed or if any person is considered innocent and has no evidence against him then the criminal prosecution on the same set of facts and circumstances will not be allowed to continue.

The standard of proof that is required in departmental proceedings based on preponderance of probability is much lower than that of criminal proceedings said Justice RF Nariman.

An FIR had been lodged against an employee of Small Industry Development Bank of India that he was involved in diversion of funds with the co-accused in the case. During the investigation by Central Vigilance Commission, this person said that his co-accused had made a plot and he himself became a victim to that. High Court had refused to discharge the person and thus he appealed to the Supreme Court. Justice Navin Sinha and Justice Indira Banerjee said that an appellant might be negligent in his work but he might be without any criminal intention also. Hon’ble judges said that in this case where the accused said that he was himself a victim in the plot should be considered as an important factor.


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