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Sri Rama Vs. Superintendent of Police and anr. - Court Judgment

LegalCrystal Citation
SubjectLabour and Industrial
CourtKarnataka High Court
Decided On
Case NumberWrit Petition No. 1473 of 1964
Judge
Reported in[1967(14)FLR36]; (1967)IILLJ142Kant; (1967)1MysLJ12
ActsMysore Prohibition Act - Sections 76
AppellantSri Rama
RespondentSuperintendent of Police and anr.
Excerpt:
.....in evidence but, non-consideration of the said document of vital significance for the defendant in proving their case - held, when once the additional evidence had been permitted to be brought on record, it was the duty of the lower appellate court to have examine the effect of this evidence on the outcome of the suit. exhibit d-15 being a registered sale deed of the year 1935 and in respect of suit items 4,5,12, and 17 in a schedule and 1,2, and 3 of b schedule was a document of vital significance for the defendants in proving their case of earlier division in the family and ignoring such a piece of evidence has clearly vitiated the judgment and decree of the lower appellate court. judgment and decree of both the courts below are set aside. - that is the principle clearly..........declined to participate in the disciplinary proceeding on the ground that there was an impending criminal prosecution against him in respect of the same matter. in consequence the disciplinary proceeding has proceeded ex parte up to a particular stage.3. the argument maintained by sri rama jois on behalf of the petitioner is that the contemplated criminal prosecution is an impediment to the commencement of a disciplinary proceeding. it was said that the evidence which was proposed to be produced against the petitioner in the disciplinary proceeding was identical with the evidence by which the offence under s. 76 of the mysore prohibition act could be proved and there could not be a parallel disciplinary proceeding.4. this postulate is plainly unsupportable. what constitutes an.....
Judgment:

Somnath Ayyar, J.

1. The petitioner who was a police constable in the Chickballapur town police station, was charged with misconduct in a disciplinary proceeding which was commenced against him. The allegation against him was that he infringed the provisions of the Prohibition Act and misbehaved with a merchant of Chickballapur town on February 14, 1964. It transpires that in respect of the offence stated to have been committed under the Mysore Prohibition Act, the sub-inspector registered a case against the petitioner under S. 76 of the Act, although no prosecution in respect of that offence has yet commenced.

2. We are told that the petitioner declined to participate in the disciplinary proceeding on the ground that there was an impending criminal prosecution against him in respect of the same matter. In consequence the disciplinary proceeding has proceeded ex parte up to a particular stage.

3. The argument maintained by Sri Rama Jois on behalf of the petitioner is that the contemplated criminal prosecution is an impediment to the commencement of a disciplinary proceeding. It was said that the evidence which was proposed to be produced against the petitioner in the disciplinary proceeding was identical with the evidence by which the offence under S. 76 of the Mysore Prohibition Act could be proved and there could not be a parallel disciplinary proceeding.

4. This postulate is plainly unsupportable. What constitutes an impediment to a disciplinary proceeding is an acquittal in a criminal prosecution in respect of the same charge. If there be no such acquittal and even if a criminal prosecution has commended and is continuing, a disciplinary proceeding in respect of an accusation which forms the subject-matter of the charge in the criminal Court is not forbidden and can be commenced and concluded so long as the prosecution has not ended in an acquittal. That is the principle clearly emerging from the decision of the Supreme Court in Delhi Cloth and General Mills v. Kushal Bhan [1960 - I L.L.J. 520].

5. We dismiss this writ petition.

6. No costs.


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