Criminal Prosecution On Same Allegations Can't Continue If Accused Exonerated In Departmental Proceedings: Allahabad HC

A bench of Justice Saurabh Lavania reasoned that the standard of proceedings in criminal cases is beyond a reasonable doubt, which is far higher than a preponderance of probability, the standard of proof required in disciplinary proceedings.

“When the same witnesses could not be able to prove/establish the same/identical charges in the disciplinary proceeding, there is no purpose in prosecuting the criminal proceedings where the standard of proof required to establish the guilt is far higher than the standard of proof required to establish the guilt in departmental proceedings,” the Court further observed.

The case in brief

The Court made these observations while allowing an application moved by accused Jagdish Singh @ Jagdish Kumar Singh seeking discharge in a case lodged under Section 323, 504, 506, 307, 332, 353, 188, 270 IPC for allegedly violating the lockdown guidelines and abusing and assaulting the police personnel.

Pursuant to an investigation in the case, a chargesheet was filed against the accused, Jagdish Singh (who was then working as an Assistant Review Officer, High Court); however, before cognizance on the same could be taken, he was suspended vide an order passed by the Magistrate, Registrar General of High Court, and after that, a departmental inquiry was initiated against him by issuing him a charge sheet.

Importantly, the charge sheet dated July 14, 2020, submitted in the criminal case and the charge sheet issued for conducting disciplinary proceedings contained similar charges and the witnesses to prove the charges levelled against him.

Upon due consideration of the charges and the entire evidence available on record, as the report of the Inquiry Officer, the Registrar General of the HC, on July 13, 2021, exonerated the applicant from the charges levelled against him in the disciplinary proceedings/departmental and subsequently, his suspension was also revoked.

Before the court, the petitioner's primary argument was that since he had been exonerated in the departmental proceedings, which were premised on the same/identical allegations on which the FIR was lodged, the criminal case was liable to be quashed.

The single judge relied upon the Top Court's judgments in the cases of Lokesh Kumar Jain Vs. State of Rajasthan and Radheshyam Kejriwal vs State of West Bengal and Anr., wherein it was observed that in case of exoneration in departmental proceedings, where on merits the allegation is found to be not sustainable at all, and the person has been held innocent, then the criminal prosecution on the same set of facts and circumstances cannot be allowed to continue.

The Court also referred to the recent decision of the Supreme Court in the case of Ashoo Surendranath Tewai (Supra) Vs. Deputy Superintendent of Police, EOW, CBI and Another wherein the same observation was reiterated.

Against this backdrop, noting that the reliability and genuineness of the allegations against the applicant have already been tested during the disciplinary proceedings and that the applicant has been exonerated after the court noted the statements of witnesses who would prove the same/identical charges in the criminal proceedings, the Court quashed the entire criminal proceedings, and the application was allowed.

Case title - Jagdish Singh @ Jagdish Kumar Singh vs. State Of U.P. Thru. Prin. Secy. Home Lko. And Another

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