- (1.) ASSAILING the decision of Appellate Authority as communicated by letter No. Pers. /ir/1102/4/91/pb/pt/657 dated 24th March, 2005 of Dr. T. S. Shaikh, General Manager (Pers.), whereby and whereunder said Appellate Authority under Airport Authority of india Employees (Conduct, Discipline and Appeal) Regulations, 1987, hereinafter referred to as said Regulation, after acquittal of the writ petitioner on merit in the criminal appeal by the Judgment passed by p. K. Biswas, J. (as His Lordship then was) in C. R. A. No. 393 of 1999 of the High Court at Calcutta, directed initiation of departmental proceeding with reference to the alleged incident, which was the subject matter of the criminal prosecution ended in acquittal by the judgment of the High Court, Calcutta along with order of suspension de novo with effect from 13th July, 2000, initially, the petitioner prayed the following reliefs in the writ application being prayers (a) to (e), which reads as follows: "a) A writ in the nature of Mandamus commanding the respondents their men agent and servants, agents and/or assigns to forthwith: i) act in accordance with law. ii) Set aside and/or quash the order of the respondent No. 2 as communicated vide letter of the respondent No. 4 dated 24. 3. 2005 being annexure P-10 herein. b) Writ of and or in the nature of Certiorari do issue commanding the respondent their men agent and servant agents and assign to forthwith transmit to this Hon'ble Court all records relating to the present case of the petitioner, so that conscionable justice may be done. c) Rule Nisi in terms of prayer (a) and (b) above. d) an order of injunction be passed restraining the respondent authority their men agent and servant from initiating any departmental proceeding against the petitioner until disposal of the writ application. e) Ad interim order in terms of prayer (d) above. "
(2.) DURING pendency of the writ application writ petitioner filed an application praying interim order being CAN 9915 of 2005 praying for quashing the memorandum of charges of a departmental proceeding as initiated in terms of the impugned order of said Appellate Authority being memo No. Pers. /ir/1102/4/91/pb/pt/3600 dated 7th september, 2005 on the ground that since on identical facts, which was the subject matter of a criminal proceeding in the appeal, the conviction passed by the competent Trial Court of criminal jurisdiction was set aside and petitioner was acquitted on merit, there was no scope of initiation of departmental proceeding on the identical facts, charges and to prove the same in a departmental proceeding with the identical witnesses, who were the witnesses in the criminal case culminated to the final acquittal.
(3.) THE respondents, Airport Authority of India, has opposed this writ application by filing affidavit-in-opposition contending, inter alia, that as the acquittal in the criminal appeal by the High Court at Calcutta was passed with the finding of benefit of doubt and same was not hon'ble acquittal from the criminal proceeding, there is no embargo of initiation of departmental proceeding further and as such memorandum of charge is not liable to be quashed and at the same time order of suspension as effected from 13th July, 2000 could not be disturbed.;