T V GOWDA Vs. STATE OF MYSORE

JUDGEMENT

(1.) A Division Bench Of this Court consisting of Govinda Bhat, J. (as he then was), and Malimath, J. has by its order dated 22/3/1973 referred to a Full Bench the following question :

(2.) On the above question there are earlier decisions of this Court in P. Ekambaram v. The General Manager, M.G.R.T.C., (1961) Mys. L.J. 1066; Mainuddin Alisab Kazi v. State of Mysore, (1964) 1 Mys. L.J. 188 and Rama v. Superintendent of Police, Kolar, A.I.R. 1967 Mysore 220.

(3.) In Ekambaram's case a Division Bench of this Court consisting of Somnath Iyer, J. (as he then was), and Kalagate, J., held that of a civil servant acquitted by a Criminal Court, would bar a disciplinary proceedings in respect of the same charge, Somnath Iyer, J., observed thus at page 1068 :