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I.                Government of India's instructions

1.      Domestic inquiry permissible where allegations have not been examined by the Court

The point to be taken note of is that one identical set of facts and allegation may be sufficient to constitute a Criminal Offence as well as misconduct not amounting to Criminal Offence, but punishable under the CCS (CCA) Rules. If the facts of allegations had come to be examined by a court of competent jurisdiction and the court has given a finding that the allegations are not true, then it is not permissible to hold a departmental inquiry in respect of the charge based on the same facts of allegations. If, on the other hand, the court has merely expressed a doubt as to the correctness of the allegation, then there may be no objection to hold a departmental inquiry on the same allegations if better proof than what was produced before the court or was then available is forthcoming. Then again if the court has held that the allegations are proved but do not constitute the Criminal Offence with which the Government servant is charged, then also there would be no objection to hold a departmental disciplinary action so also it is permissible to hold a departmental inquiry on the basis of the said allegation if such proved allegations are considered good and sufficient ground for departmental inquiry after the acquittal, in respect of a charge which is not identical with or similar to the charge in the criminal case, and is not based on any allegations which have been negatived by the Criminal Court. Furthermore, if the allegation had not yet been examined by a Court of law but are considered good and sufficient grounds for departmental disciplinary action, there is no bar to taking such action.

[Govt. of India, M.H.A., O.M. No F. 43/57/64-AVD (iii), dated the 29th November, 1966.]

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