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TMI Blog2002 (4) TMI 991X X X X Extracts X X X X X X X X Extracts X X X X ..... ment to hold a departmental inquiry could rightly be interfered with by the tribunal. 4. As it appears, a criminal prosecution was launched against the delinquent respondent under the provisions of Prevention of Corruption Act on the basis of a trap that was laid. The prosecution case was that the respondent demanded bribe, received the bribe and that money was seized from his possession. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5. The question for consideration is, whether a departmental proceeding could be initiated after acquittal in the criminal proceeding and; whether Rule 12 of the Delhi police (Punishment and Appeal) Rules, 1980 (for short the Rules ) would stand as a bar of initiation of such a proceeding. 6. Departmental proceeding and criminal proceeding can run simultaneously and departmental proceeding ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n such a case, in terms of Rule 12, a departmental proceeding could be initiated. In this view of the matter, we are of the considered opinion that the tribunal committed error in interfering with initiation of a departmental proceeding and the High Court committed error in dismissing the writ petition filed. We, therefore, set aside the impugned judgment of the High Court as well as that of the t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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