Quashing criminal trial on the ground of exoneration in departmental proceedings is possible or not? I am a government servant and accused in a criminal trial going on under section 13 and 7 of the Prevention Corruption Act along with Section 420, 120B of the Indian Penal Code. The proceeding was initiated by the anti corruption department along with the local police. They had information that some police personnel are engaged in smuggling of contrabanned goods in Nepal Border. I was posted as the circle officer and now entitled for promotion. Due to said criminal trial my promotion is pending and delayed by the DPC. The disciplinary authority has exonerated me from all charges because they have not been proved by the evidence adduced against me. When the said offence was committed I was in training for fifteen days in PTC, Moradabad. Ten delinquent police officers were not under my administrative control. The evidence failed to establish any connection with me and no money was ever recovered from me. On these grounds the departmental proceedings were dropped by exonerating me from the allegation.
Now I want to quash the criminal trial which is carried out against me and ten other accused. I filed a petition in the high court under section 482 of the code of criminal procedure for quashing the trial on the ground that the petitioner has been acquitted in the departmental proceedings and charges in both proceedings are the same. Evidence adduced in the criminal proceedings is nearly the same hence, there is no likelihood to hold the petitioner guilty in the criminal proceedings. Petition was admitted and notice was sent to the opposite party. In the last hearing the court has the view that the petition is liable to be quashed on the basis that criminal and disciplinary proceedings are distinct and separate. My advocate sought a date to produce rulings at this point. From the observation of the court it seems that it is willing to dismiss my petition.
Asked from: Uttar Pradesh
The observation of the Hon’ble High Court is correct. Criminal proceedings cannot be quashed merely or solely on the ground that the charges in both proceedings are the same and the accused has been exonerated in the disciplinary proceedings.
It is settled law that the standard of proof in departmental proceedings is different from that in criminal proceedings. In departmental proceedings, preponderance of probability is sufficient to prove or disprove the guilt of the delinquent officer, whereas in criminal proceedings, the charges must be proved beyond all reasonable doubt. Therefore, it cannot be said that the same standard of proof and the same principles of appreciation of evidence apply in both proceedings.
In State (NCT of Delhi) v. Ajay Kumar Tyagi (2012), the Supreme Court held that it is not a valid ground for quashing criminal proceedings that, on the same charges or allegations, the accused has been exonerated in departmental proceedings.
Criminal proceedings may only be quashed on their own merits. In the landmark Bhajan Lal case, the Supreme Court laid down seven grounds on which the High Court may quash a criminal proceeding, such as:
- No offence is disclosed in the FIR or complaint
- Absence of evidence to prove the allegations
- Proceedings are manifestly attended with mala fide intentions, etc.
If your case falls within any of these recognised grounds—such as no offence being made out or lack of evidence—then the High Court may quash the pending criminal proceeding. However, acquittal in departmental proceedings, by itself, is not a sufficient ground for quashing the criminal case. Quashing criminal trial merely on the ground of exoneration in departmental proceedings is not possible.
Related: Right to promotion when departmental proceedings are pending
