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july 1997

Supreme Court of India · 1997-07-22

GOVT. OF A P vs C. MURALIDHAR

Citation / case number
SC 1996/79529
Court
Supreme Court of India
Petitioner
GOVT. OF A P
Respondent
C. MURALIDHAR
Author
S.C. AGRAWAL
Bench
G.T. NANAVATI S.C. AGRAWAL

Judgment text excerpt

The Supreme Court held that disciplinary proceedings against a government employee cannot continue for charges of possessing disproportionate assets if the employee has been acquitted in a criminal case under Section 5(1)(e) read with Section 5(2) of the Prevention of Corruption Act, 1947. The Court emphasized that the principle of double jeopardy applies, and thus, the Tribunal's directive to proceed with the charges related to asset acquisition without permission was valid. The Court upheld the Tribunal's decision that the departmental inquiry for the same charge was impermissible post-acquittal.

GOVT. OF A P vs C. MURALIDHAR · Niyam