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Supreme Court of India 2017-03-10 allowed

Om Prakash Bhatnagar vs Madhya Pradesh Electricity Board & Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The appellant, an employee of Madhya Pradesh Electricity Board, was accused of demanding bribes from farmers in July–August 1997 but the complaint was filed only in March 1999. He was acquitted of all charges in a criminal prosecution under the Prevention of Corruption Act, 1988. Despite his acquittal, departmental proceedings resulted in his dismissal from service. The Supreme Court held that while departmental proceedings can proceed independently of criminal prosecution, the two-year delay in raising allegations and the complete acquittal were material factors that the High Court and departmental authorities failed to properly consider. The Court set aside the dismissal, quashed the departmental proceedings, and awarded 50% back wages and consequential benefits.

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Administrative Law Service Law Prevention of Corruption Act Departmental Proceedings Criminal Acquittal Delay in Prosecution Dismissal from Service

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