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TMI Blog2023 (7) TMI 758X X X X Extracts X X X X X X X X Extracts X X X X ..... erred to above, was dropped pursuant to a report submitted by the Inquiry Officer. In such circumstances, continuation of criminal proceedings with reference to the very same set of allegations, is not legally sustainable. In Radheshyam Kerjiwal s case [ 2011 (2) TMI 154 - SUPREME COURT ], the Hon ble Supreme Court was dealing with an issue with regard to impact of the findings recorded in adjudication proceedings under the provisions of Foreign Exchange Regulation Act, 1947 on criminal proceedings, and whether in case in the adjudication proceedings, the person concerned is exonerated, can he ask for dropping of the criminal proceedings on that ground. The said issue was answered by a majority of 2:1 in favour of the appellant before th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ings in C.C.No.207 of 2015 on the file of the Judicial Magistrate of First Class, Addateegala, East Godavari District. 2. The petitioner herein is Accused No.11 in the above said case registered for the offences punishable under Sections 409, 420, 468, 477-A, 109 R/w Section 120-B of IPC. Pursuant to a complaint lodged by the Sub-Treasury Officer, Addateegala, F.I.R.No.2 of 2014 of Addateegala Police Station was registered against Accused Nos.1 to 5 for the said offences. After investigation, the Police laid a Charge Sheet wherein the petitioner is arrayed as Accused No.11. The learned Magistrate took cognizance of the offences in C.C.No.207 of 2015 against all the accused i.e., 26 in number, wherein a total amount of Rs. 41,21,878/- was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submits that the competent authority i.e. the Director of Public Health Family Welfare, after considering the matter and in the light of the enquiry report, vide Proceedings dated 25.01.2023, dropped further action against the petitioner and thus the allegation of misappropriation of funds was not proved against the petitioner and the departmental proceedings ended in his favour. 6. The learned counsel submits that in such circumstances, continuation of criminal prosecution/proceedings on the very same set of allegations on the basis of which departmental proceedings were initiated and culminated in exoneration of the petitioner is not only unsustainable, but also constitutes abuse of process of law. Relying on the decisions of the Hon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner/Accused No.11 in the departmental proceedings as also in the Charge Sheet. As per the Charge Memo Rc.No.8359/VC-II-B/2013 - 17 dated 20.12.2013 issued by the Director of Public Health and Family Welfare (FAC), Article 1 of the Charge Memo reads as under:- Article 1 It is found that the funds to a tune of Rs. 1,20,000/- were drawn by submitting fake bills to the Pay and Accounts Office under 134 to the Primary Health Centre at PHC, Zeddangi, East Godavari district colluding with Medical Officer without actually engaging the vehicles. The funds were drawn on the name of 3rd party viz Rs. 40,000/- paid to B. Venkateswara Rao, Rs. 10,000/- to Dr. Y.Y. Rajendra, Rs. 70,000/- to ANVS Deva Kumar, Sr. Assistant, PHC, Duppalapalem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncerned is exonerated, can he ask for dropping of the criminal proceedings on that ground. The said issue was answered by a majority of 2:1 in favour of the appellant before the Hon ble Supreme Court, inter alia holding that in the case of the findings by the Enforcement Directorate in the adjudication proceedings that there is no contravention of the provisions of the Act, it would be unjust and abuse of process of the Court to permit the Enforcement Directorate to continue with the criminal prosecution. While referring to the earlier decisions, the Learned Judges by majority (dissented by Hon ble Sri Justice P.Sathasivam) laid down the ratio that can be culled out from the earlier decisions at Para 38 as follows:- (i) Adjudication proc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n proceeding is on merits. In case it is found on merit that there is no contravention of the provisions of the Act in the adjudication proceeding, the trial of the person concerned shall be in abuse of the process of the court. 14. In Ashoo Surendranath Tewari s case (supra) a three member Bench of the Hon ble Supreme Court, while referring the above said ratio laid down in Radheshyam Kerjiwal referred to supra, set aside the Judgment of the High Court and that of the Special Judge and discharged the appellant therein from the offences under the Penal Code. The conclusion reached in the above said case was based on the Central Vigilance Commission s (CVS) order which was in favour of the appellant and chances of conviction in a crimina ..... X X X X Extracts X X X X X X X X Extracts X X X X
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