Ref: 1. Memo. No.169/S.er.C/77-8, G.A.D., Dated
10-2-1978
2. Memo. No.637/Ser.C/83-1, G.A.D., Dated. 28-6-1983.
In the Government Memo. 1st cited; instructions have been issued on the action to be taken in cases where a Government servant convicted on a criminal charge is acquitted on appeal/ revision filed in a higher court. In the Government Memo. 2nd cited, while reiterating the above instructions departments were requested to examine the cases in the light of the above instructions and to ensure that every proposed case of reinstatement is invariably referred to General Administration (Services) Department in order to examine the merits and the aspect of departmental discipline, public interest loss to Government, gross misconduct etc., It has, however, come to the notice of the Government that some of the Departments are not following the above instructions in certain cases.
2. It has also been brought to the notice of the Government that the Supreme Court of India in Corporation of Nagpur Vs. Ramachandra, (1981) (2 SC 714-AIR 1984 SC 626) has decided in clear and unambiguous terms observed as follows: -
"The other question that remains is if the respondents are acquitted in the criminal cases whether or not the departmental inquiry pending against the respondents would have to continue. This is a matter which is to be decided by the Department after considering the nature of the findings given by the criminal court. Normally where the accused is acquitted honourably and completely exonerated of the charges it would not be expedient to continue a departmental enquiry on the very same charges or grounds or evidence, but the fact remains, however, that merely because the accused is acquitted, the power of the authority concerned to continue the departmental inquiry is not taken away or is its discretion in any fettered. However, as quite some time has elapsed since the departmental enquiry had started the authority concerned will take into consideration this factor in coming to the conclusion if it is really worthwhile to continue the departmental inquiry in the event of the acquittal of the respondents. It, however, the authority feels that there is sufficient evidence and good grounds to proceed with the inquiry, it can certainly do so"
3. In the light of the above judgement of the Supreme Court of India it is clear that the acquittal of the Accused Officer by the Competent court is no bar to initiate departmental enquiry against the delinquent officer.
4. Government while reiterating the instructions issued in the references cited request the Departments of Secretariat and Heads of Departments to examine the cases on merits in the light of what has been stated in the above paras and to ensure that the above instructions are followed scrupulously without any exception by all the concerned.
