Person Exonerated In Disciplinary Proceedings Can't Be Subjected To 'Double Jeopardy' By Continuing Criminal Action For Same Offence: Delhi HC
1 year, 6 months ago

Person Exonerated In Disciplinary Proceedings Can't Be Subjected To 'Double Jeopardy' By Continuing Criminal Action For Same Offence: Delhi HC

Live Law  

The Delhi High Court has said that a person cannot be subjected to double jeopardy by initiating criminal proceeding after he has been exonerated in the disciplinary proceeding on same allegations.The case pertains to a pilot of Air India who was facing criminal proceeding for forgery even after the disciplinary case against him was closed by the department. The Delhi High Court has said that a person cannot be subjected to double jeopardy by initiating criminal proceeding after he has been exonerated in the disciplinary proceeding on same allegations. The case pertains to a pilot of Air India who was facing criminal proceeding for forgery even after the disciplinary case against him was closed by the department. The senior counsel for the petitioner submitted that Disciplinary Authority of Air India filed a chargesheet in 2019 against the petitioner, alleging acts of forgery and misconduct and the Chairman of Air India vide in 2020 found the "allegations of forgery as unsubstantiated" against the petitioner and therefore closed the disciplinary case initiated against him.

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History of this topic

No Reason To Continue Criminal Proceedings If Accused Is Exonerated For Same Charges In Disciplinary Proceedings: Delhi High Court
2 months, 3 weeks ago

No Reason To Continue Criminal Proceedings If Accused Is Exonerated For Same Charges In Disciplinary Proceedings: Delhi High Court

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While quashing a First Information Report against an accused, the Delhi High Court reiterated that if an accused is found innocent in disciplinary proceedings and the same charges are levelled in the criminal case, then there is no justifiable reason to continue the criminal proceedings. Referring to various decisions of the Supreme Court and the high court Justice Vikas Mahajan …

Honourable Exoneration In Departmental Proceedings Would Warrant Quashing Of Criminal Prosecution Arising From Same Set Of Facts: Orissa High Court
2 years, 9 months ago

Honourable Exoneration In Departmental Proceedings Would Warrant Quashing Of Criminal Prosecution Arising From Same Set Of Facts: Orissa High Court

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In a landmark decision, the Orissa High Court has held that honourable exoneration in departmental proceedings would warrant quashment of criminal prosecution which emanated from the same set of facts. While quashing criminal charges against the petitioner, a Single Judge Bench of Chief Justice Dr. S. Muralidhar held, "…in the facts and circumstances of the present case where on the …

Acquittal On Failure To Prove Beyond Reasonable Doubt Does Not Oust Disciplinary Proceedings Where Test Is Preponderance Of Probabilities: Delhi HC
2 years, 10 months ago

Acquittal On Failure To Prove Beyond Reasonable Doubt Does Not Oust Disciplinary Proceedings Where Test Is Preponderance Of Probabilities: Delhi HC

Live Law  

The Delhi High Court has observed that an acquittal in criminal proceedings in which the guilt of a person has to be held to have been proved beyond a reasonable doubt, does not preclude the disciplinary proceedings in which the charges of misconduct have to be established on a preponderance of probabilities.Justice Anu Malhotra observed that mere acquittal in the …

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