Service Law - Departmental and criminal proceedings on same set of
facts continuing simultaneously - Effect of - Raid being conducted and
incriminating articles recovered from Appellant's residence - Appellant's
request for deferring departmental inquiry to await outcome of criminal trial rejected - Appellant not attending inquiry on account of ill health
and financial difficulties - Inquiry held ex parte and appellant dismissed from
service - Thereafter appellant acquitted in criminal case on same facts and
examining same witnesses - Finding given that no search was conducted nor
any recovery made - Held, it would be unjust and unfair to allow findings recorded at ex parte departmental enquiry to stand; appellant reinstated
with entire arrears of salary - Constitution on India, Articles 14 and 16
Natural Justice - Non-payment of subsistence allowance during
pendency of departmental inquiry - Appellant employee unable to attend
on account of penury - Request for adjourning inquiry to await decision in criminal case refused - Proceedings held ex parte and appellant
dismissed from service - Held dismissal in violation of natural justice;
findings recorded at inquiry stood vitiated - Constitution of India, Articles
14 and 21-Fundamental Rule 53
Constitution of India, Article 136 - Appellant employee dismissed consequent upon ex parte departmental proceedings commenced in 1985 -
Appellant acquitted in 1987 in criminal proceedings on same set of facts - Supreme Court setting aside dismissal in 1999 - Held, on facts, no fresh
inquiry on same set of facts to be instituted.