Satender Kumar Srivastava vs State Of Gnct Of Delhi on 7 July, 2026

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    Delhi High Court

    Satender Kumar Srivastava vs State Of Gnct Of Delhi on 7 July, 2026

                              $~J-1 (Criminal)
                              *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                                                                      Judgment Reserved on: 08.05.2026
                              %                                      Judgment Delivered on: 07.07.2026
                              +      CRL.M.C. 9362/2023 & CRL.M.A. 35024/2023
                                     SATENDER KUMAR SRIVASTAVA                          .....Petitioner
                                                        Through:    Mr. N. Hariharan, Sr. Adv. with Mr.
                                                                    Varun Deswal, Ms. Punya Rekha
                                                                    Angara, Mr. Danish Khan, Mr. Aman
                                                                    Akhtar, Ms. Vasundhara N, Ms. Sana
                                                                    Singh, Ms. Vasundhara Raj Tyagi,
                                                                    Mr. Arjun Singh Mandela and Mr.
                                                                    Danish Khan, Advs. with petitioner
                                                                    in-person.
    
                                                  versus
                                     STATE OF GNCT OF DELHI                 .....Respondent
                                                  Through: Mr. Raghuinder Verma, APP for State
                                                            with SI Vijay Tiwari, PS Lajpat
                                                            Nagar, Delhi.
                                     CORAM:
                                     HON'BLE MR. JUSTICE VIKAS MAHAJAN
    
                                                        JUDGMENT
    

    VIKAS MAHAJAN, J..

    1. The present petition has been filed by the petitioner seeking quashing
    of FIR No. 354/2017 registered at PS Lajpat Nagar under Section 304 IPC.
    Subsequently, in the chargesheet further offences under Sections
    177
    /218/467/468/471 IPC; Sections 7/9 of the Prohibition of Employment as

    SPONSORED

    Signature Not Verified
    Digitally Signed CRL.M.C. 9362/2023 Page 1 of 27
    By:DEEPAK SINGH
    Signing Date:08.07.2026
    19:16:50
    Manual Scavengers & their Rehabilitation Act, 20131 as well as Sections
    3(1)(j)
    and 3(2)(v) of SC/ST Act2, were added.

    2. The case set out by the prosecution is that on 06.08.2017 the aforesaid
    FIR was registered on the statement of one Rakesh Kumar S/o Mashikaran,
    R/o Jhuggi No.5/30, Khichdi Pur, East Delhi, Delhi, wherein he alleged that
    he was engaged in sewer cleaning work as a labourer with Contractor M/s
    Dinesh Chandra (hereinafter ‘Contractor Dinesh’) in Delhi Jal Board. On
    06.08.2017 Contractor Dinesh had engaged them i.e. him, Jogender S/o
    Dharmpal, Annu and one other labourer aged 28 years for cleaning 25
    sewers from Jal Sadan to Ring Road. Considering the death of labourers due
    to inhalation of poisonous gas during sewer cleaning on earlier occasions,
    the victims had, on multiple occasions asked Contractor Dinesh to provide
    safety apparatus like mask etc., but the same was never provided to them
    stating that the same were costly.

    1

    7. Prohibition of persons from engagement or employment for hazardous cleaning of sewers and septic
    tanks:

    No person, local authority or any agency shall, from such date as the State Government may notify, which
    shall not be later than one year from the date of commencement of this Act, engage or employ, either
    directly or indirectly, any person for hazardous cleaning of a sewer or a septic tank.

    9. Penalty for contravention of section 7:

    Whoever contravenes the provisions of section 7 shall for the first contravention be punishable with
    imprisonment for a term which may extend to two years or with fine which may extend to two lakh rupees
    or with both, and for any subsequent contravention with imprisonment which may extend to five years or
    with fine which may extend to five lakh rupees, or with both.

    2

    3. Punishments for offences atrocities.– [(1) Whoever, not being a member of a Scheduled Caste
    or a Scheduled Tribe,–

    xxx xxx xxx

    (j) makes a member of a Scheduled Caste or a Scheduled Tribe to do manual scavenging or
    employs or permits the employment of such member for such purpose;

    xxx xxx xxx
    (2) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe,–

    xxx xxx xxx

    (v) commits any offence under the Indian Penal Code (45 of 1860) punishable with imprisonment for a
    term of ten years or more against a person or property [knowing that such person is a member of a

    Signature Not Verified
    Digitally Signed CRL.M.C. 9362/2023 Page 2 of 27
    By:DEEPAK SINGH
    Signing Date:08.07.2026
    19:16:50

    3. It is alleged that the four labourers started cleaning sewers after
    opening lids on Jal Vihar Road in front of Delhi Jal Board Office. They
    cleaned 3-4 sewers and thereafter, at around 12.00 noon, victims started
    cleaning the sewer situated opposite Sant Kabir Ram Mandir.

    4. In the meanwhile, the complainant had gone to Amar Colony to bring
    a hammer. After about 10 minutes, Manoj, i.e., the driver of Government
    Vehicle of Jal Board who was appointed to work with them on that day
    telephonically informed him that his three colleagues, having been affected
    by the gas inside the sewers, had fallen down in the sewer while cleaning
    and drowned.

    5. However, when he ran back to the spot and started climbing down the
    sewer to remove his friends, he too started feeling drowsy, and at that
    moment the police officials reached on spot and pulled him out.

    Subsequently, a Fire Brigade arrived at the scene and pulled them out one by
    one. The police vehicle then removed the victims to the hospital. The
    concerned doctor at AIIMS declared the victims as brought dead. The
    incident happened as Contractor Dinesh did not provide them safety
    apparatus such as Mask etc. These allegations led to the registration of
    aforesaid FIR No.354/2017.

    6. Subsequently, after investigation, the prosecution filed the first
    chargesheet against the present petitioner. Thereafter, final report dated
    20.10.2017 was filed by the police against the present petitioner. Then,
    supplementary chargesheet dated 27.08.2018 was filed by the police in

    Scheduled Caste or a Scheduled Tribe or such property belongs to such member], shall be punishable with
    imprisonment for life and with fine;

    Signature Not Verified
    Digitally Signed CRL.M.C. 9362/2023 Page 3 of 27
    By:DEEPAK SINGH
    Signing Date:08.07.2026
    19:16:50

    which no person was arraigned as an accused, however, Contractor Dinesh
    was kept in column no.12.

    7. Later, yet another supplementary chargesheet dated 16.08.2019 was
    field by the police in which Assistant Engineer namely, Priti Pant and
    Executive Engineer namely, Shiv Hari were arraigned as accused.

    8. Later on, disciplinary proceedings were also initiated against the
    present petitioner, who was working as Junior Engineer (Civil), Delhi Jal
    Board at the relevant time. Likewise, disciplinary proceedings were also
    initiated against the Assistant Engineer (Priti Pant), as well as, the Executive
    Engineer (Shiv Hari).

    9. Insofar as the present petitioner is concerned, disciplinary proceedings
    were initiated vide memorandum dated 22.03.2018 and the petitioner was
    called upon to submit his written statement of defence to the following two
    article of charges:

    “Article No.-1
    Sh. Satender Kumar Srivastava, while working as Junior
    Engineer under Executive Engineer (South)-II during the year
    2017, committed misconduct in as much as due to gross
    negligence on his part, manual cleaning of sewer manholes at
    DJB’s 450 mm dia sewer line opposite Sant Kanwar Ram
    Mandir, Jal Vihar Road, Lajpat Nagar, New Delhi, was taken up
    by the Contractor M/s. Dinesh Chandra on 6.08.2017 (Sunday)
    without site supervision and without providing the mandatory
    safety equipment to the workers so deployed. The above
    negligence on part of Sh. Satender Kumar Srivastava resulted in
    loss of three precious human lives as three labourers of the
    contractor M/s Dinesh Chandra died of asphyxiation due to the
    presence of poisonous gases inside the manhole while cleaning
    the manhole manually.

    Signature Not Verified
    Digitally Signed CRL.M.C. 9362/2023 Page 4 of 27
    By:DEEPAK SINGH
    Signing Date:08.07.2026
    19:16:50

    This act of Sh. Satender Kumar Srivastava amounts to gross
    misconduct on his part, as he failed to maintain absolute
    integrity, devotion to duty and acted in a manner unbecoming of
    a Govt. Servant. He has, thereby contravened Rule 3(1)(ii) & (iii)
    of the CCS (Conduct) Rules, 1964, as amended from time to time
    and made applicable to the employees of Delhi Jal Board.

    Article No.-2
    That Sh. Satender Kumar Srivastava, while working as Junior
    Engineer under Executive Engineer (South)-II during the year
    2017, committed misconduct in as much as he, in connivance
    with his EE and AE, manipulated and changed the original
    logsheet of the hired jetting cum suction machine bearing No:

    DL 1GC 5533 after the incident leading to loss of three precious
    human lives in the DJB sewer manhole opposite Sant Kanwar
    Ram Mandir, Jal Vihar Road, Lajpat Nagar, New Delhi, on
    06.08.2017 (Sunday) during manual cleaning of the manhole.

    The above act of Sh. Satender Kumar Srivastava amounts to
    gross misconduct on his part, as he failed to maintain absolute
    integrity, devotion to duty and acted in a manner unbecoming of
    a Govt. Servant. He has, thereby, contravened Rule 3(1)(i),(ii) &

    (iii) of the CCS (Conduct) Rules, 1964, as amended from time to
    time and made applicable to the employees of Delhi Jal Board.”

    10. The submission of Mr. N. Hariharan, learned senior counsel appearing
    on behalf of petitioner is that departmental proceedings eventually
    culminated into an inquiry report dated 17.08.2020, whereby the petitioner
    was exonerated from both the charges and findings were recorded to the
    effect that both charges have not been proved against the petitioner.

    11. He submits that the inquiry report was also accepted by the
    disciplinary authority and final order of exoneration of the petitioner came to
    be passed on 10.09.2020.

    Signature Not Verified
    Digitally Signed CRL.M.C. 9362/2023 Page 5 of 27
    By:DEEPAK SINGH
    Signing Date:08.07.2026
    19:16:50

    12. Mr. Hariharan also invites attention of the Court to chargesheet dated
    20.10.2017 filed by the police under Section 173 CrPC against the present
    petitioner for the offences under Sections 304/177/218/467/468/471 of IPC,
    Sections 7/9 of the Prohibition of Employment as Manual Scavengers &
    their Rehabilitation Act, 2023, & Section 3(1)(j) and 3(1)(v) of the SC/ST
    Act and the allegations contained therein. Reference has been made to the
    following paragraphs of the chargesheet insofar as offence under Section
    304
    IPC and the offence of forgery of logbook is concerned:

    “It revealed that the present accused, Satender Kumar
    Srivastava while posted as a J.E. in the Kasturba Nagar
    constituency directed supervisor of the jetting machine, the
    driver of the jetting machine and one of his subordinate
    employee to report for duty on 06.08.2017 i.e. Sunday. It
    also revealed that he had directed the Rakesh, the present
    complainant to carryout the cleaning of manhole of
    mainline downstream from Amar Colony to Lajpat Nagar. It
    also revealed that it was in the knowledge of accused
    Satender Kumar Srivastava, JE that the casual labourers
    belong to a SC caste and he allowed them to carry out
    manual scavenging in his area being a public servant.
    Later, the section of law were accordingly added and the
    accused above was arrested on 21.08.2016, he produced a
    stock register being maintained at his office which shows
    that there were enough safety equipments available with
    him on 05.08.2017 and he knowingly and deliberately did
    not issue these life saving safety equipments to the casual
    workers on 06.08.2017. It also revealed that no work permit
    was issued by him in favour of Rakesh Kumar and Dinesh
    Kumar, a approved contractor.. As per the standing
    instructions, being a J.E., he was duty bound to remain
    present at the place of cleaning of sewage line manhole on
    06.08.2017. His mobile phone location shows that he was
    not even present at the place of work but also he was out of
    Delhi in the cell ID of U.P. West. The frequency of CDRS of

    Signature Not Verified
    Digitally Signed CRL.M.C. 9362/2023 Page 6 of 27
    By:DEEPAK SINGH
    Signing Date:08.07.2026
    19:16:50
    mobile phone of accused Satender Kumar Srivastava with
    Kiran Pal, Supervisor dated 07.08.2017 further reveales
    that he wanted to misguide police by producing a forged
    Log Book. It also revealed that there is no evidence except
    the allegation against alleged contractor Dinesh Kumar. He
    was not found in contact with Rakesh before the incident
    and after the incident in any manner. As far as, the role of
    Area Engineer Ashok Hari and Executive Engineer, Preeti
    Pant is concerned, they were not aware of the work as no
    work permit was issued by the J.E regarding this incident.
    He (J.E) got prepared a forged Log Book of Jetting machine
    which is already on file. The cleaning work of sewage line
    was carried out by the accused S.K. Shrivastava without
    bringing it to the knowledge and notice of his immediate
    seniors and it reflects that he had got cleaned these manhole
    on his on will. There is no evidence against the contractor
    Dinesh Kumar./A.E., Shiv Hari and Ex. Engineer, Priti Pant
    were not informed by the JE prior to the said cleaning work
    of sewage line. The Visceras and other exhibits have been
    deposited with the FSL Rohini vide No. 2017/CHE-6754.
    dated 08.09.2017, the result is awaited. The question
    documents, admitted documents and specimen documents
    have also been forwarded to, the director FSL Rohini New
    Delhi. The result of the FSL would be deposited in the court
    through supplementary chargesheet u/s 173(8) Cr.P.C.. The
    investigation conducted so far reveals that there are
    sufficient grounds to charge sheet the accused Satender
    Kumar Srivastava S/o Sh. Girish Lal Srivastava R/o Flat
    No. C-80/003, Eastern Heights Society Nyay Khand 03,
    Indirapuram, Ghaziabad, Uttar Pradesh u/s Section U/S:

    304/177/218/467/468/471 IPC, 7/9 Manual Scavanging Act.
    2013, 3(1) J, SC/ST Act. The accused is in Judicial Custody.

    13. Additionally, Mr. Hariharan invites attention of the Court to the
    following portion of the chargesheet:

    “On 08.08.2017, Sh. Satender Kumar Srivastava, a J.E.
    posted with Delhi Jal Board South Zone produced a Log

    Signature Not Verified
    Digitally Signed CRL.M.C. 9362/2023 Page 7 of 27
    By:DEEPAK SINGH
    Signing Date:08.07.2026
    19:16:50
    Book of Jetting Machine which was taken on record. Sh.
    Kiran Pal, Supervisor of above firm also produced two Log
    Books of Jetting Machine No. DL-1GC-5533 for the month
    of July, 2017 and August 2017. It revealed that the J.E.,
    Satender Kumar Srivastava got prepared a forged Log Book
    after the incident and the forged Log Book of jetting
    machine was signed on the first page of the book. The first
    page of genuine Log Book of above jetting machine for July
    2017 and August 2017 does not contain the signature of
    Delhi Jal Board Officials whereas the pages inside shows
    the initials of drivers, Delhi Jal Board officials who carried
    out the cleaning work on respective dates with the help of
    jetting machine.

    It also revealed that the J.E., Satender Kumar Srivastava
    was using mobile phone No. 9650094530 and he had called
    up supervisor, Kiran Pal on his mobile no. 9873561871 on
    05.08.2017 to direct the driver, Manoj Kumar to make
    available the jetting machine for the cleaning work that was
    to be carried out on 06.08.2017. it also stated by one
    Amarjeet, an employee of Delhi Jal Board, who was
    working under Satender Kumar Srivastava that he was
    directed by the J.E. on 05.08.2017 in the evening to come on
    06.08.2017 in the morning for the cleaning of Sewerage line
    on Sunday. The statement of Kiran Pal, Manoj Kumar,
    Amarjeet and Rakesh, the complainant have been correctly
    supported by the call detail reports of mobile phones of
    respective witnesses.”

    14. Mr. Hariharan further submits that since the petitioner has already
    been exonerated of all charges in departmental proceedings, therefore,
    criminal proceedings which are also premised on identical allegations cannot
    be sustained. Elaborating further, he submits that standard of proof in
    department proceedings is preponderance of probability whereas in case of

    Signature Not Verified
    Digitally Signed CRL.M.C. 9362/2023 Page 8 of 27
    By:DEEPAK SINGH
    Signing Date:08.07.2026
    19:16:50
    criminal proceedings the threshold of proof is higher, being beyond
    reasonable doubt.

    15. He further submits that the Assistant Engineer and the Executive
    Engineer who were similarly charge-sheeted in the criminal case were also
    exonerated in departmental proceedings. Thereafter, the said Assistant
    Engineer, as well as, the Executive Engineer filed similar petitions being
    CRL.M.C. 934/2021 and CRL.M.C. 935/2021 seeking quashing of FIR on
    the ground that post exoneration in departmental proceedings, the FIR is
    liable to be quashed qua them.

    16. He submits that a coordinate Bench of this Court vide common
    judgment dated 24.01.2023 passed in aforesaid two petitions quashed the
    FIR qua the petitioners therein. He, therefore, urges that the present petition
    be allowed and the FIR qua the present petitioner as well, be quashed.

    17. I have heard Mr. Hariharan, learned senior counsel appearing on
    behalf of petitioner, as well as, learned APP appearing on behalf of the State
    and have perused the record.

    18. The fundamental question which arises in the present petition for
    consideration of this Court is whether proceedings arising out of FIR No.
    354/2017 which is premised on identical allegations on which departmental
    proceedings were initiated against the present petitioner, are liable to be
    quashed once the petitioner has been exonerated in disciplinary proceedings.

    19. To appreciate the case set out in the present petition, it would be
    imperative to ascertain as to whether allegations in criminal proceedings
    arising out of FIR No. 354/2017 and disciplinary proceedings are identical.
    For the said purpose, apposite would it be to examine the allegations in final
    report dated 20.10.2017 filed by the police under Section 173 CrPC, as well

    Signature Not Verified
    Digitally Signed CRL.M.C. 9362/2023 Page 9 of 27
    By:DEEPAK SINGH
    Signing Date:08.07.2026
    19:16:50
    as, Statement of Articles served vide Memorandum dated 22.03.2018, in
    juxtaposition, which are as under:

    STATEMENT OF ARTICLES ALLEGATIONS LEVELLED IN
    SERVED VIDE MEMORANDUM THE CHARGESHEET DATED
    DATED 22.03.2018 20.10.2017

    ARTICLE – I EXCERPTS FROM FIRST
    CHARGESHEET QUA THE
    COMMISSION OF OFFENCE
    PUNISHABLE U/S 304 IPC ETC.

    Sh. Satender Kumar Srivastava, It revealed that present accused,
    while working as Junior Engineer
    Satender Kumar Srivastava while
    under Executive Engineer (South)-II
    posted as a J.E. in the Kasturba
    during the year 2017, committedNagar constituency directed
    misconduct in as much as due tosupervisor of the jetting machine, the
    gross negligence on his part, manual
    driver of the jetting machine and one
    cleaning of sewer manholes at DJB’s
    of his subordinate employee to
    450 mm dia sewer line opposite Sant
    report for duty on 06.8.2017 i.e.
    Kanwar Ram Mandir, Jal Vihar Sunday. It also revealed that he had
    Road, Lajpat Nagar, New Delhi, was
    directed the Rakesh, the present
    taken up by the contractor M/s complainant to carry out the
    Dinesh Chandra on 06.08.2017 cleaning of manhole of mainline
    (Sunday) without site supervision
    downstream from Amar Colony to
    and without providing the mandatory
    Lajpat Nagar. It also revealed that it
    safety equipment to the workers so
    was in the knowledge of accused
    deployed. The above negligence on
    Satender Kumar Srivastava, JE that
    part of Sh. Satender Kumar the casual labourers belong to a SC
    Srivastava resulted in loss of three
    caste and he allowed them to carry
    precious human lives as three out manual scavenging in his area
    labourers of the contractor M/sbeing a public servant. Later, the
    Dinesh Chandra died of asphyxiation
    section of law were accordingly
    due to the presence of poisonous
    added and the accused above was
    gases inside the manhole while arrested on 21.08.2016, he produced
    cleaning the manhole manually. a stock register being maintained at
    his office which shows that there
    This act of Sh. Satender Kumar were enough safety equipments

    Signature Not Verified
    Digitally Signed CRL.M.C. 9362/2023 Page 10 of 27
    By:DEEPAK SINGH
    Signing Date:08.07.2026
    19:16:50
    Srivastava amounts to gross available to the casual workers on
    misconduct on his part, as he failed 06.08.2017. It also revealed that no
    to maintain absolute integrity, work permit was issued by him in
    devotion to duty and acted in a favour of Rakesh Kumar and Dinesh
    manner unbecoming of a Govt. Kumar, an approved contractor. As
    Servant. He has, thereby per the standing instructions, being a
    contravened Rule 3(1)(i), (ii) & (iii) J.E., he was duty bound to remain
    of the CCS (Conduct) Rules, 1964, as present at the place of cleaning of
    amended from time to time and made sewage line manhole on 06.08.2017.

    applicable to the employees of Delhi His mobile phone location shows
    Jal Board. that he was not even present at the
    place of work but also he was out of
    Delhi in the cell ID of U.P. West.

                              ARTICLE NO.-2                             EXCERPTS        FROM   FIRST
                                                                        CHARGESHEET        QUA  THE
                                                                        COMMISSION OF OFFENCES
                                                                        PUNISHABLE               U/S
                                                                        177/218/467/468/471 IPC ETC.
                                                                        FOR FORGERY OF LOG BOOKS
    
                              That Sh. Satender Kumar Srivastava,       On 08.8.2017, Sh. Satender Kumar
                              while working as Junior Engineer          Srivastava, a J.E. posted with Delhi
                              under Executive Engineer (South_-II       Jal Board South Zone produced a
                              during the year 2017, committed           Log Book of Jetting Machine which
                              misconduct in as much as he, in           was taken on record. Sh. Kiran Pal,
                              connivance with his EE and AE,            Supervisor of above firm also
                              manipulated and changed the               produced two Log Books of Jetting
    

    original log-sheet of the hired jetting Machine No. DL-1GC-5533 for the
    cum suction machine bearing No. DL month of July, 2017 and August
    1 GC 5533 after the incident leading 2017. It revealed that the J.E.,
    to loss of three precious human lives Satender Kumar Srivastava got
    in the DJB sewer manhole opposite prepared a forged Log book after the
    Sant Kanwar Ram Mandir, Jal Vihar incident and the forged Log book of
    Road, Lajpat Nagar, New Delhi, on jetting machine was signed on the
    06.08.2017 (Sunday) during manual first page of the book. The first page
    cleaning of the manhole. of genuine Log Book of above jetting

    Signature Not Verified
    Digitally Signed CRL.M.C. 9362/2023 Page 11 of 27
    By:DEEPAK SINGH
    Signing Date:08.07.2026
    19:16:50
    machine for July 2017 and August
    The above act of Sh. Satendra 2017 does not contain the signature
    Kumar Srivastava amounts to gross of Delhi Jal Board Officials whereas
    misconduct on his part, as he failed the pages inside shows the initials of
    to maintain absolute integrity, drivers, Delhi Jal Board officials
    devotion to duty and acted in a who carried out the cleaning work
    manner unbecoming of a Govt. on respective dates with the help of
    Servant. He has, thereby, jetting machine.

    contravened Rule 3(1)(i), (ii) & (iii)
    of the CCS (Conduct) Rules, 1964, as
    amended from time to time and made
    applicable to the employees of Delhi
    Jal Board.

    20. A comparative reading of Article 1 of Memorandum dated 22.03.2018
    and the excerpts from chargesheet under Section 173 CrPC in respect of the
    allegations under section 304 IPC shows the charge alleged in Article-1 of
    the Memorandum dated 22.03.2018 is that the manual cleaning of sewer
    manholes was undertaken by the Contractor Dinesh on 06.08.2017 without
    site supervision and without providing mandatory safety equipment to the
    workers so deployed which was an act of negligence on part of the petitioner
    resulting in loss of three precious human lives as three labourers of
    Contractor Dinesh died of asphyxiation due to presence of poisonous gases
    inside the manhole during manual cleaning process. This allegation in
    essence is identical to the allegation made in police report under section 173
    CrPC in respect of the offence invoked under section 304 IPC.

    21. Likewise, the allegation in Article-2 of the Memorandum dated
    22.03.2018 is that the petitioner in connivance with his EE and AE,
    manipulated and changed the original log-sheet of the hired jetting cum
    suction machine bearing No. DL 1 GC 5533 after the incident leading to loss

    Signature Not Verified
    Digitally Signed CRL.M.C. 9362/2023 Page 12 of 27
    By:DEEPAK SINGH
    Signing Date:08.07.2026
    19:16:50
    of three precious human lives, which is identical to the allegations, basis
    which offences u/s 177/218/467/468/471/120B IPC were sought to be
    invoked.

    22. At this juncture, it is significant to refer to some of the relevant
    findings given by the inquiry officer in his inquiry report dated 17.08.2020
    with regard to both articles of charge levelled against the present petitioner.
    The relevant findings insofar as Article-1 is concerned are as under:

    “1.27 Also, there is nothing on record to prove that there was any
    work order for taking up sewer cleaning work in Kasturba
    Nagar Constituency issued by EE (South) II under Shri
    Satendra Kumar Srivastava, JE-CO. There has to be an
    official work order for the sewer cleaning work awarded to
    M/s Dinesh Chander, Contractor. In the absence of such a
    Work Order and contract agreement, it could not be
    ascertained and firmly said that any of the Cos could call
    M/s Dinesh Chander, Contractor to engage labourers to do
    the sewer cleaning work opposite Sant Kanwar Ram Mandir
    on any sewer line. In this case a sewer line sizing 450 mm
    dia has been suggested by the prosecution.

    xxx xxx xxx
    1.34 In para-2 of D-7/4-5 it has further been stated that neither
    DJB nor Shri Satendra Kumar Srivastava, JE-CO issued
    any written direction for sending any jetting machine for
    doing any work at Jal Sadan, Lajpat Nagar.

    1.35 Para-4 of D-7/5 categorically states that no contract of the
    contractor Dinesh Chander was in operation with DJB on
    the day of the incident-i.e.-6-8-2017.

    1.36 Para 4 on D-7/5-6 it has been stated that the deceased
    persons were not deputed by DJB to do any work of
    cleaning of any sewer.

    xxx xxx xxx
    1.41 From the above foregoing paras it is concluded that where
    the incident took place was not in the jurisdiction of Shri
    Satendra Kumar Srivastava, JE-CO.

    Signature Not Verified
    Digitally Signed CRL.M.C. 9362/2023 Page 13 of 27
    By:DEEPAK SINGH
    Signing Date:08.07.2026
    19:16:50

    1.42 The machine said to be engaged for sewer cleaning was
    out of order on the date of incident stated by Shri Kiran
    Pal, Supervisor S/o Shri Raje Ram as per the statement by
    Shri Bindra Prasad, AE PW-4 during the preliminary
    enquiry by Shri R.S. Negi, CE(S).

    1.43 No work order to any agency for cleaning of the sewer line
    opposite Sant Kanwar Ram Mandir, Lajpat Nagar was
    given. There are no details of work order/contract
    agreement from PD-1 to PD-24 to engage labourers
    including by Shri Dinesh Chander, Contractor, to take up
    the sewer cleaning opposite Sant Kanwar Ram Mandir,
    Lajpat Nagar.

    Conclusion

    With the above explained facts, circumstances and the
    available records, I find that the charges framed against
    Shri Satendra Kumar Srivastava, JE under Article-I is not
    proved.”

    (emphasis supplied)

    23. Similarly, the relevant findings as well as conclusion of the inquiry
    officer insofar Article 2 is concerned, reads thus:

    “That Sh. Satendra Kumar Srivastava, while working as Junior
    Engineer under Executive Engineer (South)-II during the year
    2017, committed misconduct in as much as he, in connivance with
    his EE and AE, manipulated and changed the original log-sheet of
    the hired jetting-cum-suction machine bearing no: DL-1GC-5533
    after the incident leading to loss of three precious human lives in
    the DJBs opposite Sant Kanwar Ram Mandir, Jal Vihar Road,
    Lajpat Nagar, New Delhi, on 06.08.2017 (Sunday) during manual
    cleaning of the manhole.

    xxx xxx xxx
    2.7 It is observed that the log sheet usually in the custody of the
    driver (Shri Manoj Kumar, Driver S/o Shri Narayan) of the
    vehicle and entry/entries, if any, should be made by the
    driver only and not by the supervisor who in this case stated

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    19:16:50
    that the entries were made and signed by him is completely
    wrong doing on his part and the statement being given to
    the reply of the questions are misleading / tried to be
    smartly made to mislead the inquiry which was being
    conducted into the incident which took place on 06-08-2017
    by the prosecution and then CE (South).

    xxx xxx xxx
    2.9 It is observed that Shri Kiran Pal’s statements are not in
    consonance. His replies are likely to keep himself in
    comfortable position involving the others. The erratic
    statements of Sh. Kiran Pal S/o Sh. Raje Ram shows that he
    himself is involved in the episode trying to manipulate
    sequences and facts of the incidents which took place on 06-
    08-2017 causing loss of precious lives of 3 person.

    xxx xxx xxx
    2.11 It is observed that the Log Sheet which was produced before
    Shri R.S. Negi, the Preliminary Inquiry Officer and attached
    with the Preliminary Inquiry Report is an original log sheet
    (Ref PD-21/9-16) which was signed by AE,JE and EE-Co.
    Another log sheet is a fake log sheet to form a story by Sh.
    Kiran Pal S/o Sh. Sh. Raje Ram and Sh. Manoj Kumar,
    Driver S/o Sh. Narayan said to be working with M/s
    Kleenwell Enviro Engg. Service Co.

    2.12 It is not understood as why the log sheet was needed to
    change and manipulated when vehicle was not made to
    work/operated. Shri Kiran Pal S/o Shri Raje Ram dared to
    make the entries said to be vacant for the day of 6 th Aug
    2017 and manipulated the log sheet.

    xxx xxx xxx
    2.15 After going through the entries of the log sheets, it is seen
    that the pattern of the entries writing dates are different in
    original and duplicate log sheets. I observe that where date
    is mentioned there is no need to mention the day like 01-08-
    2017 Mangalwar, 02-08-2017 Budhwar, 03-08-2017
    Virwar and 04-08-2017 Shukrwar etc to me it seems to be in
    a manipulated log sheet/book.

    xxx xxx xxx

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    2.17 In a statement (PD-10) Shri Manoj Kumar, Driver S/o
    Shri Narayan has stated that the machine was not
    operated as no one directed him to operate the jetting
    machine and in the preliminary inquiry by then
    CE(South) Shri Kiran Pal S/o Shri Raje Ram stated that
    the machine was out of order and so was not engaged
    (Ref. Statement of Shri Bindra Prasad, PW-4) during the
    preliminary inquiry. There seems to be consonance in the
    statement that the machine was never engaged and
    operated and any manipulation what so ever, admittingly,
    done by Shri Kiran Pal S/o Shri Raje Ram; has been his
    wrong doing to save himself and his colleague Shri Manoj
    Kumar, Driver of the bitter consequences. Here I observe
    that whatever has been done, by Shri Kiran Pal S/o Shri
    Raje Ram and Shri Manoj Kumar, Driver of M/s
    Kleenwell Enviro Engg. Service Co. And none of the Cos
    have been involved in the change of log sheet and its
    manipulations.

    2.27 Ref. Question 18 asked by Shri Satendra Kumar
    Srivastava, JE-CO to Shri Kiran Pal S/o Shri Raje Ram.
    Did you sign entries on behalf of driver alongwith making
    entries in the log book? Shri Kiran Pal S/o Shri Raje Ram
    replied that I signed on behalf of driver.

    xxx xxx xxx
    2.47 Ref.Question 2 asked by Shri Satendra Kumar Srivastava,
    JE-CO to Shri Vikas Rathi, JE PW-8. There are two sets
    of log books, one duly signed by JE/AE/EE concerned
    (PD-21/9-16) and the other not signed by them (PD-21/1-

    8) which is the authentic log sheets? Shri Vikas Rathi,
    PW-8 replied that during the course of investigation both
    were received from Police Station, Lajpat Nagar. As per
    practice the log book duly signed by the concerned
    JE/AE/EE on the front page is valid log book. It is not
    possible to accept the log book without the signature of
    concerned JE/ZE/EE.

    2.48 Shri Kiran Pal S/o Shri Raje Ram admittingly
    manipulated the log sheet and signed on behalf of Shri
    Manoj Kumar, Driver S/o Shri Narayan. As stated by Shri

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    Manoj Kumar in PD-9 the jetting machine was asked to be
    engaged/brought at Lal Sai Market instead of the machine
    was said to be brought opposite Sant Kanwar Ram Mandir
    that too was not operated as no directions was given by
    any of the Cos including Shri Satendra Kumar Srivastava,
    JE-CO.

    Conclusion:

    With the above facts and circumstances, I find Sh. Shri
    Satendra Kumar Srivastava, JE-CO was no way involved
    in the manipulation and change of the log sheet as such
    the charges framed under the article-2 is not proved.”

    (emphasis supplied)

    24. Evidently, the petitioner has been exonerated in disciplinary
    proceedings, i.e. allegations levelled both in Article 1 as well as Article 2,
    which are identical to allegation in the chargesheet under Section 173 CrPC,
    therefore, the question that needs to be adverted to is what is the effect of
    petitioner’s exoneration in disciplinary proceedings on the criminal
    proceedings arising out of FIR No. 354/2017.

    25. Incidentally, this issue is no more res integra. In P.S. Rajya v. State
    of Bihar
    , 1996 (9) SCC 1 the appellant therein was exonerated of all charges
    in departmental inquiry conducted by the Central Vigilance Commission and
    the conclusion of exoneration was concurred by the Union Public Service
    Commission which led to passing of final orders by the President in favour
    of the appellant. However, when the appellant moved the High Court under
    Section 482 CrPC for quashing the cognizance of charge, the High Court
    dismissed the petition. The challenge was taken to the Hon’ble Supreme
    Court, and in the given factual backdrop, the Hon’ble Supreme Court

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    formulated the following question in paragraph 3 of the judgment, which
    reads as under:

    “3. The short question that arises for our consideration in this
    appeal is whether the respondent is justified in pursuing the
    prosecution against the appellant under Section 5(2) read with
    Section 5(1)(e) of the Prevention of Corruption Act,
    1947 notwithstanding the fact that on an identical charge the
    appellant was exonerated in the departmental proceedings in the
    light of a report submitted by the Central Vigilance Commission
    and concurred by the Union Public Service Commission.”…

    26. The above formulated question was answered by the Hon’ble Supreme
    Court in the following terms:

    “17. At the outset we may point out that the learned counsel for
    the respondent could not but accept the position that the
    standard of proof required to establish the guilt in a criminal
    case is far higher than the standard of proof required to
    establish the guilt in the departmental proceedings. He also
    accepted that in the present case, the charge in the departmental
    proceedings and in the criminal proceedings is one and the
    same. He did not dispute the findings rendered in the
    departmental proceedings and the ultimate result of it. On these
    premises, if we proceed further then there is no difficulty in
    accepting the case of the appellant. For if the charge which is
    identical could not be established in a departmental proceedings
    and in view of the admitted discrepancies in the reports
    submitted by the valuers one wonders what is there further to
    proceed against the appellant in criminal proceedings……

    XXXX XXXX XXXX XXXX

    23. Even though all these facts including the Report of the Central
    Vigilance Commission were brought to the notice of the High
    Court, unfortunately, the High Court took a view that the issues
    raised had to be gone into in the final proceedings and the Report
    of the Central Vigilance Commission, exonerating the appellant of
    the same charge in departmental proceedings would not conclude
    the criminal case against the appellant. We have already held that

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    By:DEEPAK SINGH
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    for the reasons given, on the peculiar facts of this case, the
    criminal proceedings initiated against the appellant cannot be
    pursued. Therefore, we do not agree with the view taken by the
    High Court as stated above. These are the reasons for our order
    dated 27-3-19961 for allowing the appeal and quashing the
    impugned criminal proceedings and giving consequential reliefs.”

    (emphasis supplied)

    27. Likewise, in Radheshyam Kejriwal v. State of West Bengal, (2011) 3
    SCC 581, the question arose that after exoneration of the appellant in
    adjudication proceedings under the provisions of Foreign Exchange
    Regulation Act
    , whether criminal prosecution on the same set of facts and
    circumstances can be allowed to be continued. In this factual backdrop, the
    Hon’ble Supreme Court observed as under:

    “26. We may observe that the standard of proof in a criminal
    case is much higher than that of the adjudication proceedings.
    The Enforcement Directorate has not been able to prove its case
    in the adjudication proceedings and the appellant has been
    exonerated on the same allegation. The appellant is facing trial
    in the criminal case. Therefore, in our opinion, the
    determination of facts in the adjudication proceedings cannot be
    said to be irrelevant in the criminal case. In B.N. Kashyap [AIR
    1945 Lah 23] the Full Bench had not considered the effect of a
    finding of fact in a civil case over the criminal cases and that will
    be evident from the following passage of the said judgment : (AIR
    p. 27)
    “… I must, however, say that in answering the question, I have
    only referred to civil cases where the actions are in personam
    and not those where the proceedings or actions are in rem.
    Whether a finding of fact arrived at in such proceedings or
    actions would be relevant in criminal cases, it is unnecessary
    for me to decide in this case. When that question arises for
    determination, the provisions of Section 41 of the Evidence Act,
    will have to be carefully examined.”

    Signature Not Verified
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    By:DEEPAK SINGH
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    XXXX XXXX XXXX XXXX

    38. The ratio which can be culled out from these decisions can
    broadly be stated as follows:

    (i) Adjudication proceedings and criminal prosecution can be
    launched simultaneously;

    (ii) Decision in adjudication proceedings is not necessary
    before initiating criminal prosecution;

    (iii) Adjudication proceedings and criminal proceedings are
    independent in nature to each other;

    (iv) The finding against the person facing prosecution in the
    adjudication proceedings is not binding on the proceeding
    for criminal prosecution;

    (v) Adjudication proceedings by the Enforcement Directorate
    is not prosecution by a competent court of law to attract the
    provisions of Article 20(2) of the Constitution or
    Section 300 of the Code of Criminal Procedure;

    (vi) The finding in the adjudication proceedings in favour of
    the person facing trial for identical violation will depend
    upon the nature of finding. If the exoneration in
    adjudication proceedings is on technical ground and not on
    merit, prosecution may continue; and

    (vii) In case of exoneration, however, on merits where the
    allegation is found to be not sustainable at all and the
    person held innocent, criminal prosecution on the same
    set of facts and circumstances cannot be allowed to
    continue, the underlying principle being the higher
    standard of proof in criminal cases.

    XXXX XXXX XXXX XXXX

    39. In our opinion, therefore, the yardstick would be to judge as
    to whether the allegation in the adjudication proceedings as well
    as the proceeding for prosecution is identical and the
    exoneration of the person concerned in the adjudication
    proceedings is on merits. In case it is found on merit that there is

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    By:DEEPAK SINGH
    Signing Date:08.07.2026
    19:16:50
    no contravention of the provisions of the Act in the adjudication
    proceedings, the trial of the person concerned shall be an abuse of
    the process of the court.”

    (emphasis supplied)

    28. Similarly, in Ashoo Surendranath Tewari v. Deputy Superintendent
    of Police, EOW, CBI & Anr., (2020) 9 SC 636 also, the Hon’ble Supreme
    Court relying upon the report of the Central Vigilance Commission (“CVC”)
    whereby the CVC refused to give sanction for prosecution of the appellant
    opining that prima facie charges do not seem to be established against the
    appellant, observed that chances of conviction in a criminal trial involving
    the same facts appear to be bleak and accordingly, set aside the judgment of
    the High Court and that of the Special Judge whereby they had observed that
    there was no need for sanction under Section 197 CrPC and proceeded
    against the petitioner. For making such observations the Hon’ble Supreme
    Court referred to para 38(vii) of Radheshyam Kejriwal (supra). The relevant
    observation of the Court reads thus:

    “14. From our point of view, para 38(vii) is important and if the
    High Court had bothered to apply this parameter, then on a
    reading of the CVC report on the same facts, the appellant should
    have been exonerated.

    15. Applying the aforesaid judgments to the facts of this case, it
    is clear that in view of the detailed CVC order dated 22-12-2011,
    the chances of conviction in a criminal trial involving the same
    facts appear to be bleak. We, therefore, set aside the
    judgment [Ashoo Surendranath Tewari v. CBI, 2014 SCC OnLine
    Bom 5042] of the High Court and that of the Special Judge and
    discharge the appellant from the offences under the Penal Code.”

    (emphasis supplied)

    Signature Not Verified
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    By:DEEPAK SINGH
    Signing Date:08.07.2026
    19:16:50

    29. The legal position which thus, emerges from the law exposited in the
    above noted decisions of the Hon’ble Supreme Court is that once an accused
    has been exonerated and held innocent in disciplinary proceedings after the
    said allegations have been found to be unsustainable on merits, then criminal
    prosecution premised on the same set of allegations cannot be permitted to
    continue. This reasoning is predicated on the principle that the standard of
    proof in criminal cases is beyond reasonable doubt which is far higher than
    preponderance of probability which is the standard of proof required in
    disciplinary proceedings. The case of the petitioner is squarely covered by
    the said decisions.

    30. It is also relevant to note that a coordinate bench of this Court in a
    common judgment in Shiv Hari & Anr. v. State (NCT of Delhi), 2023 SCC
    OnLine Del 362 and other connected matter, while dealing with the cases of
    the co-accused, i.e., the Assistant Engineer and the Executor Engineer has
    already quashed the same FIR and all proceedings emanating therefrom qua
    them, relying upon the decision in Radheshyam Kejriwal (supra).
    The
    relevant extract from Shiv Hari (supra) reads thus:

    “21. Therefore, the question that arises for consideration
    is whether in the facts and circumstances of the immediate
    case, the criminal charges set out in the impugned
    supplementary charge sheet would survive in light of
    exoneration on grounds of merit in departmental enquiry
    proceeding, for the same charges in the same factual
    matrices. On a perusal of the impugned supplementary
    charge sheet dated 16.08.2019 and the memorandum of
    charges, what emerges is that the substance of charges are
    indeed identical and in consideration of the same factual
    matrices.

    22. In the opinion of this Court, paragraph 38(vii) of
    Radheshyam Kejriwal (supra) would squarely apply when

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    By:DEEPAK SINGH
    Signing Date:08.07.2026
    19:16:50
    imported to the facts and circumstances of the case at hand.
    Paragraph 38(vii) of the aforementioned judgment of the
    Supreme Court is reproduced herein again for convenience:

    “38. The ratio which can be culled out from these
    decisions can broadly be stated as follows:

    (i) Adjudication proceedings and criminal prosecution
    can be launched simultaneously;

    (ii) Decision in adjudication proceedings is not necessary
    before initiating criminal prosecution;

    (iii) Adjudication proceedings and criminal proceedings
    are independent in nature to each other;

    (iv) The finding against the person facing prosecution in
    the adjudication proceedings is not binding on the
    proceeding for criminal prosecution;

    (v) Adjudication proceedings by the Enforcement
    Directorate is not prosecution by a competent court of
    law to attract the provisions of Article 20(2) of the
    Constitution or Section 300 of the Code of Criminal
    Procedure; (vi) The finding in the adjudication
    proceedings in favour of the person facing trial for
    identical violation will depend upon the nature of finding.

    If the exoneration in adjudication proceedings is on
    technical ground and not on merit, prosecution may
    continue; and

    (vii) In case of exoneration, however, on merits where
    the allegation is found to be not sustainable at all and
    the person held innocent, criminal prosecution on the
    same set of facts and circumstances cannot be allowed
    to continue, the underlying principle being the higher
    standard of proof in criminal cases

    39. In our opinion, therefore, the yardstick would be to
    judge as to whether the allegation in the adjudication
    proceedings as well as the proceeding for prosecution is
    identical and the exoneration of the person concerned
    in the adjudication proceedings is on merits. In case it is
    found on merit that there is no contravention of the
    provisions of the Act in the adjudication proceedings,

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    By:DEEPAK SINGH
    Signing Date:08.07.2026
    19:16:50
    the trial of the person concerned shall be an abuse of
    the process of the court. ”

    23. At this juncture, it would be relevant to distinguish the
    applicability of the decision rendered in Ajay Kumar
    Tyagi (supra) from the facts of the present case. Attention is
    drawn to the following paragraphs of the judgment:

    “4. The enquiry officer conducted the departmental
    inquiry and submitted its report. The enquiry officer
    observed that “the evidence on record does not
    substantiate the charge of demand and acceptance of
    bribe” by the accused and, accordingly, recorded the
    finding that the charge against the accused has not
    been proved due to lack of evidence on record”

    (emphasis supplied)

    24. A perusal of the above reveals that in the said case,
    charges of corruption under the Prevention of Corruption
    Act
    could not be proved due to lack of evidence on record.
    Whereas in the present case, the Inquiry Officer in
    disciplinary proceedings considered all the evidence and
    material on record to conclude that the charges against
    Petitioners could not be proved for want of reliability of the
    Prosecution’s witness and evidence presented, and in light
    of the evidence submitted by and examination of the
    Petitioners.

    25. In Radheshyam Kejriwal (supra), the Apex Court has
    affirmed the power of the High Court under Section 482 of
    the CrPC to quash criminal proceedings in respect of the
    accused who have been exonerated in disciplinary enquiry
    proceedings.
    Videocon Industries Limited v. State of
    Maharahstra, (2016) 12 SCC 315, elaborated on the
    yardsticks laid down in Radheshyam Kejriwal (supra) as
    under:

    “17. Clarifying the position, the majority in Radheshyam
    Kejriwal
    case [Radheshyam Kejriwal v. State of
    W.B.
    , (2011) 3 SCC 581 : (2011) 2 SCC (Cri) 721]
    observed that the yardstick would be to judge as to
    whether the allegation in the adjudication proceedings as

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    By:DEEPAK SINGH
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    well as the proceeding for the prosecution is identical
    and the exoneration of the person concerned in the
    adjudication proceedings is on merits. In case it is found
    on merit that there is no contravention of the provisions
    of the Act in the adjudication proceedings, the trial of the
    person concerned shall be an abuse of the process of the
    court. On the basis of the aforesaid principles, the
    majority proceeded to analyse the factual matrix and
    analysed the finding recorded by the adjudicating
    authority and opined when there is a finding by the
    Enforcement Directorate in the adjudication proceeding
    that there is no contravention of any of the provisions of
    the Act, it would be unjust and an abuse of the process of
    the court to permit the Enforcement Directorate to
    continue with the criminal prosecution.”

    26. Further, in Ashoo Surendranath Tewari v. Deputy
    Superintendent of Police, EOW, CBI, (2020) 9 SCC 636, and
    in J Sekar v. Directorate of Enforcement, (2022) 7 SCC 370,
    also applied the principles delivered in Radheshyam
    Kejriwal
    (supra).

    27. This Court is of the view that the principles culled out
    in Radheshyam Kejriwal (supra) should squarely apply to
    the present case. The standard of proof being higher in
    criminal cases, and considering that the Disciplinary
    Authority has already confirmed the exoneration of
    Petitioners on merits, prosecution on the same set of facts
    should not be allowed to continue against them. The
    standard of proof which is warranted for conviction in a
    criminal case is “proof beyond reasonable doubt”, whereas
    the standard of proof required to hold a person guilty in
    disciplinary proceedings is based on preponderance of
    probabilities. When a person has been found not to be
    guilty and disciplinary proceedings have exonerated them,
    they cannot be convicted on the principle of proving guilt
    beyond reasonable doubt, especially, when the evidence
    that is to be adduced in the criminal proceeding is identical
    to the very same evidence in the disciplinary proceedings.

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    By:DEEPAK SINGH
    Signing Date:08.07.2026
    19:16:50

    Even though both the criminal proceedings and civil
    proceedings are separate from each other and continue
    parallely, it can be said with certitude that if it is found fit
    not to proceed ahead in disciplinary proceedings which is
    based on the same set of facts and the same set of evidence,
    then it would be unreasonable and violative of Article 21 of
    the Constitution of India to allow the continuation of
    criminal prosecution against the very same person. This
    Court has carefully seen the findings arrived at in the
    disciplinary proceedings and is of the opinion that no
    useful purpose would be served in continuing with the
    criminal prosecution against the two Petitioners who were
    facing identical charges in the criminal proceedings and
    the disciplinary inquiry and have been exonerated in the
    disciplinary proceedings.

    28. In view of the facts and circumstances of this case, this
    Court is inclined to quash the charges framed against the
    Petitioners in FIR No. 354/2017.”

    (emphasis supplied)

    31. In view of the above clear expositions, since the petitioner has already
    been exonerated in disciplinary proceedings, no useful purpose will be
    served in prosecuting the criminal proceedings for the offences under
    section 304 IPC and sections 177/218/467/468/471 IPC, which are premised
    on the same set of allegations.

    32. As regards the offences under Sections 7/9 of the Prohibition of
    Employment as Manual Scavengers & their Rehabilitation Act, 2013 and
    Sections 3(1)(j) and 3(2)(v) of SC/ST Act, which were added subsequently,
    this Court is of the view that the said offences invoked are subservient or
    ancillary to the substantive offences under section 304 IPC and sections
    177
    /218/467/468/471 IPC, which cannot exist without the substantive or
    main offence. This Court has already found the substantive or main offence

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    By:DEEPAK SINGH
    Signing Date:08.07.2026
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    to be untenable in view of the petitioner’s exoneration in the disciplinary
    proceedings. Once the primary substantive offences cannot be prosecuted
    against the petitioner, the subservient or ancillary offences under Sections
    7
    /9 of the Prohibition of Employment as Manual Scavengers & their
    Rehabilitation Act, 2013 and Sections 3(1)(j) and 3(2)(v) of SC/ST Act,
    based on such primary offence would also fall apart.

    33. In view of the above discussion, this Court is of the view that the
    present is a fit case for quashing the FIR. Accordingly, the FIR No.
    354/2017 registered at PS Lajpat Nagar under Sections
    304
    /177/218/467/468/471/120-B IPC, Sections 7/9 of the Prohibition of
    Employment as Manual Scavengers & their Rehabilitation Act, 2013 and
    Sections 3(1)(j) and 3(2)(v) of SC/ST Act, and all proceedings emanating
    therefrom are quashed.

    34. The petition stands disposed of.

    VIKAS MAHAJAN, J
    JULY 7, 2026
    N.S. ASWAL

    Signature Not Verified
    Digitally Signed CRL.M.C. 9362/2023 Page 27 of 27
    By:DEEPAK SINGH
    Signing Date:08.07.2026
    19:16:50



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