IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11134 of 2008 PRADUMAN CHOUBEY Versus THE STATE OF BIHAR ----------- 2. 30.04.2010 Heard leaned Counsel for the petitioner and the learned Counsel for the State. The petitioner questions the order of cognizance under Section 379 and 411 IPC dated 1.11.2007 of the CJM Aurangabad in Obra PS Case No. 57 of 2007. Learned Counsel submits that the charge in the police case is that the petitioner as the Headmaster loaded sacks of books on a “Thela” and sent it out of the School with the intention for sale which were suspected to be meant for the students to study. The „Thela owner‟ then disclosed that he had purchased the books for Three hundred rupees. On the same charge departmental proceeding was initiated against the petitioner on 28.12.2007. After enquiry, he has been exonerated by the Enquiry Officer and which has been accepted by the Disciplinary Authority. Since the charge in the criminal case and the departmental proceedings are the same there is no justification to now proceed with the criminal trial. Reliance is placed on the judgment reported in (1996) 9 SCC 1 (P. S. Rajya Vs State of Bihar). Counsel for the State contended that these are matters to be examined during trial if the allegations otherwise constitute a matter to go to trial. This Court finds that the allegations in the criminal case and in the departmental proceedings are the same with regard to illegal disposal of school books. He has been exonerated in the departmental proceedings. In the case of P. S. Rajya (Supra) relied upon by the petitioner it has been held at Para 17 that standard of proof required to establish guilt in a criminal case is far higher than the standard of proof required to establish a guilt in the departmental proceeding. The conclusion therefore was that when there has been exoneration in the departmental proceeding on the same charge applying the law laid down in the case of State of Haryana Vs Bhajan Lal, 1992 (Suppl) 1 SCC 335, it would be a fit case where criminal prosecution should be quashed. The order of cognizance and the entire proceedings in Obra PS Case No. 57 of 2007 pending before the CJM Aurangabad is therefore quashed. The application stands allowed. Snkumar/- (Navin Sinha,J.)