D.B. Civil Special Appeal (Writ) No.472/99 Rajendra Kumar Vs. State of Rajasthan & Ors. Date:12/02/2009 HON'BLE Mr. JUSTICE ASHOK PARIHAR HON'BLE Mr. JUSTICE G.S. SARRAF Mr. Yogesh Gupta, for appellant. Mr. Ganesh Meena, Govt. Counsel, for respondents. BY THE COURT: While serving as Constable, the appellant was chargesheeted under Rule 16 of the CCA Rules vide memo dated 3.3.1994. After holding regular departmental inquiry and the charges having been proved, the appellant was dismissed from service vide order dated 30.9.1995. The appeal filed by the appellant was also dismissed by the appellate authority vide order dated 27.7.1996. A further review to the State Government also came to be dismissed vide order dated 3.7.1997. It may also be mentioned here that the appellant having involved in a theft case was also chargesheeted for offence under Section 411 IPC. However, the trial court vide order dated 23.3.1996 acquitted the appellant for above offence giving benefit of doubt. There is settled proposition of law now that departmental inquiry is not dependent on the criminal case pending before a regular court. Even after acquittal by a competent court in a criminal case, the department is always free to initiate disciplinary proceedings against an employee. Though question of competence of the disciplinary authority has been raised by the learned counsel for the appellant, however, no such issue was raised by the appellant at the time of issuing of chargesheet or before the appellate authority as also the reviewing authority. 2. After having carefully gone through the material on record since after due consideration proper discretion has already been used by the learned Single Judge, we find no error or illegality in the impugned order dated 2.4.1999 so as to call for any further interference by this court. The appeal is dismissed accordingly as having no merits. (G.S. Sarraf) J. (Ashok Parihar) J.