3 months ago
2
The exoneration successful the departmental enquiry volition not eclipse the proceedings successful each transgression case, peculiarly the cases successful which nationalist servants were caught red-handed portion accepting the bribe magnitude with prima facie proofs similar recorded conversation, evidencing request oregon forensic corroboration of demand, etc., said the High Court of Karnataka.
In essence, departmental exoneration whitethorn influence, but does not automatically extinguish, transgression prosecution. Each lawsuit turns connected its ain factual and evidentiary matrix and the transgression lawsuit indispensable beryllium tested successful the crucible of full-fledged proceedings nether the stricter modular of proof, the Court said.
Justice M. Nagaprasanna made these observations portion refusing to quash the transgression lawsuit against petitioner Geeta R., superintendent successful the bureau of Deputy Registrar of Co-operative Societies, Chitradurga. She was caught red-handed successful July 2018 portion allegedly accepting a bribe of ₹15,000 from the complainant for registering a cooperative society.
However, the enquiry serviceman attached to the bureau of the Lokayukta, successful his study connected the departmental enquiry successful 2023, had exonerated her arsenic the complainant had turned hostile, stating that helium had not paid the bribe and it was claimed that wealth received by her was related to a definite manus indebtedness from relatives. She filed the petition for quashing the transgression case, citing exoneration successful the departmental inquiry.
No straight-jacket formula
There exists “no straight-jacketed formula” that mandates obliteration of transgression proceedings erstwhile exonerated successful departmental proceedings, simply due to the fact that some actions originate from the aforesaid factual foundation, the Court said.
In cases wherever the trap has failed oregon wherever determination is lack of nonstop grounds of request and acceptance, the Court said, an exoneration successful departmental enquiry of the benignant whitethorn so carnivore upon the sustainability connected the transgression proceedings.
However, wherever prima facie evidence of request and acceptance exists, and wherever the magnitude is recovered from the hands of the delinquent employee/accused, erstwhile caught red-handed receiving the tainted currency and the trap mahazar draws oregon documents each that is indispensable to beryllium done to beryllium request and acceptance, the Court clarified, it would go prima facie grounds of request and acceptance, and specified cases indispensable beryllium tested successful the crucible of a full-fledged trial.
In the lawsuit of the petitioner, the Court said that she has to travel retired cleanable successful a full-blown trial, which is successful progress.
