ASHOK KUMAR CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) We have heard learned counsel for the appellant and learned counsel for the State.

(2.) The petitioner was made an accused in a criminal case under Sections 376 and other provisions of the Indian Penal Code. He not only absconded from the criminal trial, but also from the departmental proceeding. The judgment under appeal adequately notices that proper efforts were made to serve him with registered notice in the departmental proceeding at his home address also when he was absconding from the headquarter during the period of suspension also.

(3.) The departmental proceeding concluded ex parte, he was dismissed, upheld in appeal and memorial. The acquittal in the criminal trial was not on merits but on the benefit of doubt on account of technicalities of the law. The purport, scope, procedure and requirements of proof for a departmental proceeding and a criminal trial are entirely different. Acquittal in a criminal trial, and that too on mere technicalities does not automatically vitiate the departmental proceeding and the punishment therein. The law stands well settled on this aspect. The allegation of misconduct has been proved.