S. GURUSAMY Vs. PRINCIPLE CHIEF SECURITY COMMISSIONER

JUDGEMENT

(1.) The challenge made in the present writ petition is to the enquiry notice issued to the writ petitioner in proceedings No.M/XP.227/02/AJJ/03/2012-18 dated 10.07.2018, by the 3rd respondent, directing the petitioner to attend the enquiry till it reaches its logical conclusion.

(2.) The learned counsel for the writ petitioner states that in respect of the similar set of allegations, a criminal case was registered against the writ petitioner under the Prevention of Corruption Act, 1988 before the learned VIII Principal Special Judge for CBI case at Chennai, in C.C.No.21 of 2012. The writ petitioner was acquitted from the criminal charges. Thus, the department cannot proceed against the writ petitioner in respect of same set of allegations.

(3.) The learned counsel for the writ petitioner further submitted that the witness and the evidence relied upon by the department before the Criminal Court of law as well as in the Departmental Proceedings are one and the same and therefore, the petitioner cannot be subjected to the Discipline and Appeal rules. At the out set, it is contended that when the person is acquitted from the Criminal Court, he cannot again be imposed with the punishment under the Discipline and Appeal Rules.