RAMU KHATRI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE present writ petition has been filed by the petitioner challenging the validity of order dated 5. 4. 1989 (Annex.-5) and order dated 18. 3. 1996 (Annex.-7) whereby penalty of stoppage of three grade increments with cumulative effect was imposed on the petitioner alongwith withholding the amount of difference of subsistence allowance and salary payable to the petitioner during the suspension period.

(2.) FACTS of the case indicate that the petitioner was working on the post of U. D. C. in the office of the Collector. Barmer. He was trapped by the Anti Corruption Department and was allegedly found accepting illegal gratification and bribe whereupon the department prosecuted him in criminal court for offences under Sections 5 (2), read with Section 5 (1) (d) of the Prevention of Corruption Act and Sections 161, 420 and 468 of the Indian Penal Code. After regular trial, the Trial Court, however, acquitted the petitioner in the criminal case of the charges levelled against him by judgment dated 13. 7. 1982. The petitioner remained in suspension during this period. It may be noted here that the petitioner was substantially acquitted in the criminal case and not merely for some lacunae or on technical ground.

(3.) THE department is always at liberty to proceed against an erring employee inspite of the fact whether criminal trial is pending against him or not. Both the proceedings are separate in nature and scope and it is not necessary that if acquittal is recorded by the criminal court the domestic proceedings should be halted. However, in the instant case, prejudicial approach has been shown by the department in commencing the enquiry after lapse of considerable time and more particularly almost after three years of acquittal of the petitioner in the criminal trial.