Law:

Section:

(a) Civil service--- ----Concurrent ‘departmental disciplinary proceedings’ and ‘criminal proceedings’ against an employee over the same allegations---Distinction and purpose stated. Purpose and sagacity of initiating disciplinary proceedings by the employer was to find out and come to a decision whether the charges of misconduct leveled against the delinquent officer/employee were proved or not and in case his guilt was established, what action should be taken against him under the applicable Service laws, Rules and Regulations, which may include the imposition of minor or major penalties in accordance with the fine sense of of the competent Authority/Management. In contrast, the perception and rationality to set into motion criminal prosecution was altogether different where the prosecution had to prove the guilt of an accused beyond any reasonable doubt. Both had distinct features and characteristics with regard to the standard of proof. The prosecution in criminal cases as well as the departmental inquiry on the same allegations could be conducted and continued concurrently without having any overriding or overlapping effect. The object of criminal trial was to inflict punishment of the offences committed by the accused while departmental inquiry was geared up or activated to inquire into the allegations of misconduct in order to keep up and maintain the discipline and decorum in the institution and efficiency of department to strengthen and preserve public confidence in any such institution. Even an acquittal by criminal court would not debar an employer from exercising disciplinary powers in accordance with applicable service Rules and Regulations. (b) Punjab Police (Efficiency and Discipline) Rules, 1975--- ----R. 6(3)(b)---Discretion of department to dispense with regular inquiry---Scope---No hard and fast rule that in each and every case after issuing show cause notice the regular inquiry should be conducted but if the department wanted to dispense with the regular inquiry there must be some compelling and justiciable reasons assigned in writing. (c) Punjab Police (Efficiency and Discipline) Rules, 1975--- ----R. 6(3)(b)---Misconduct---Involvement in…

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