I.P. Mukerji, J. - (1.) A point of some substance has been raised in this writ. The question is: if a departmental proceeding and a criminal proceeding on the self -same charges have been started against an employee and he is acquitted of the charge in the criminal proceeding, should he be also, as a matter of course be exonerated in the departmental proceeding and/or should the departmental proceeding be dropped?
(2.) The writ petitioner was in 1995 working as a Block Sarkar with Kolkata Municipal Corporation. He is still working with the organisation. In that year, an allegation was made against him by the Corporation that the money which was entrusted with him for payment of remuneration of lorry mazdoors was not so utilised. He did not pay the lorry mazdoors or paid them less. He mis -appropriated the remuneration fund. A first information report was lodged against him.
(3.) At the same time a departmental disciplinary proceeding was started against him. On 17th January, 1996 he was chargesheeted. He was suspended but subsequently reinstated.;