K GOPALAN KURUP Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsels for the parties.

(2.) It is the case of the petitioner in the petition that the petitioner was working as Income-tax Officer and alleged to have committed an offence to accept bribe of Rs.20,000/- in February, 2001. As there was no substance in the allegations, no enquiry proceedings was initiated but the Criminal case was initiated against the petitioner. The petitioner was continued under suspension upto October, 2003 and on reviewing the order, suspension was revoked. Chargesheet came to be issued to the petitioner in April, 2004 and thereafter, the petitioner superannuated on 31.3.2005 but amount of gratuity, commutation of pension etc are withheld by the respondent. Petitioner approached the Central Administrative Tribunal, Ahmedabad bench by filing OA/180/04. The Tribunal found case of petitioner meritorious and it was also found that criminal proceedings pending against petitioner and departmental enquiry to be initiated against petitioner on the same set of facts and evidence, oral and documentary and the witnesses are also same, and therefore, Tribunal restrained the respondent from proceeding with Disciplinary proceedings against petitioner for six months vide order dated 12.8.2004. It is also observed by the Tribunal that department is given liberty to proceed with the departmental proceedings in case the criminal trial is not concluded in the trial court within the aforesaid six months period.

(3.) Learned counsel for the petitioner emphatically urged that defence of the petitioner in criminal trial and departmental proceedings would be same because the criminal case and departmental proceedings are having the same evidence and witnesses. Learned advocate for the petitioner has also submitted that the petitioner has already retired from service with effect from 31.3.2005.