In Brief
The appellant, a SIDBI official, was accused of involvement in a fraud scheme where Rs. 1.64 crore was diverted through falsified RTGS details. The Central Vigilance Commission exonerated him on merits in departmental proceedings, finding he was a victim of fraud by a co-conspirator, not a participant. The Supreme Court held that when an accused is found innocent on merits in departmental proceedings on identical charges, criminal prosecution cannot proceed, as it would be an abuse of process. The higher standard of proof in criminal cases (beyond reasonable doubt) versus departmental proceedings (preponderance of probability) makes conviction unlikely. The Court allowed the appeal and discharged the appellant."
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