VIGILANCE MANUAL VOLUME III - AP Online

478 DECISION - 208
(208)
Departmental action and acquittal
Power of the authority to continue departmental
inquiry is not taken away nor its discretion in any
way fettered merely because the accused is
acquitted.
Corporation of Nagpur vs. Ramachandra G. Modak,
1981(2) SLR SC 274 :
AIR 1984 SC 626
A charge-sheet was served on the respondents in relation to
two accidents which occurred during the construction of a stadium
which was being looked after by them and they were suspended.
They were also prosecuted in a court of law under section 304A
I.P.C. The delinquents filed an unsuccessful appeal to the
departmental appellate authority against the order of suspension and
thereafter moved a writ petition in the High Court which was allowed
and the order of suspension was quashed on the ground that the
authority which passed the order was not competent. The appellants
thereafter filed an appeal before the Supreme Court.
One of the questions considered by the Supreme Court is if
the respondents are acquitted in the criminal case, whether or not
the departmental inquiry pending against them would have to
continue. The Supreme Court held that 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 inquiry 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 nor is its discretion in any way fettered. The Supreme
Court observed that the authority may take into consideration the
fact that quite some time has elapsed since the departmental inquiry