Top StoriesCriminal Prosecution On Same Allegations Cannot Continue If Exoneration In Departmental Proceedings Is On Merits: SC [Read Judgment] LIVELAW NEWS NETWORK11 Sep 2020 7:30 AMShare This – xThe Supreme Court has reiterated that, in case of exoneration in departmental proceedings on merits and 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.Standard of proof in a departmental proceeding, being based on preponderance of probability is somewhat…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Supreme Court has reiterated that, in case of exoneration in departmental proceedings on merits and 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.Standard of proof in a departmental proceeding, being based on preponderance of probability is somewhat lower than the standard of proof in a criminal proceeding where the case has to be proved beyond reasonable doubt, observed the bench headed by Justice RF Nariman in a judgment delivered on Tuesday.The accused in this case was an employee of Small Industries Development Bank of India (SIDBI) against whom an FIR was lodged alleging that he was involved in diversion of funds to co-accused. Relying on Central Vigilance Commission (CVC), he contended that he was victim of one Muthukumar’s (co-accused) plot. The High Court had refused to discharge the accused from the case and thus he approached the Apex Court in appeal.Referring to this report, the bench, also, comprising Justices Navin Sinha and Indira Banerjee, observed:A reading of this Report shows that, at the highest, the appellant may be negligent without any criminal culpability. In fact, the positive finding of the CVC that the appellant appears to be a victim of Muthukumar’s plot is of some importance.The Court, referring to P.S. Rajya vs. State of Bihar, (1996) 9 SCC 1, further observed.A number of judgments have held that the standard of proof in a departmental proceeding, being based on preponderance of probability is somewhat lower than the standard of proof in a criminal proceeding where the case has to be proved beyond reasonable doubt.Referring to Radheshyam Kejriwal vs. State of West Bengal and Another, (2011) 3 SCC 581, the bench had summarized the principles as follows:Adjudication proceedings and criminal prosecution can be launched simultaneously;Decision in adjudication proceedings is not necessary before initiating criminal prosecution;Adjudication proceedings and criminal proceedings are independent in nature to each other; The finding against the person facing prosecution in the adjudication proceedings is not binding on the proceeding for criminal prosecution; 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; 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; andIn 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.”Taking note of point (7), the bench discharged the accused and observed: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.. 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.Case name: ASHOO SURENDRANATH TEWARI vs.DEPUTY SUPERINTENDENT OF POLICE, EOW, CBICase no.: CRIMINAL APPEAL NO. 575 OF 2020 Coram: Justices RF Nariman, Navin Sinha, Indira BanerjeeCounsel: Advocate Subhash Jha and ASG Vikramjit BanerjeeClick here to Read/Download JudgmentRead JudgmentNext Story
Ocean City firefighters will host a nighttime glowball golf event on Friday, Oct. 2, at the Ocean City Municipal Golf Course.Anybody is invited to participate, and golf experience is not required. It’s a “very casual and fun event,” according to OCFD Capt. Steve Costantino.Night golf features a glow stick embedded in a clear golf ball and glowing markers outlining the course features. Ocean City’s municipal course features a short 12-hole, par-3 layout.Start time for the event is 6:30 to 7 p.m. on Oct. 2. An after-party at the Ocean City Veterans of Foreign Wars post follows the golf.Entry fee is $50 and anyone interested in playing can call Costantino at the Ocean City Fire Department at 609-525-9182.All proceeds go to Operation First Response, which provides financial assistance and other support to wounded soldiers and their families. Ocean City firefighters raise money throughout the year to support the cause.Read more: Ocean City Asks Folks to Walk for the Wounded on Sept. 26.
Experts predict this region to be the nation’s next property hotspot. Photo Lachie MillardSTAND aside Brisbane and Gold Coast, there’s a new boom market in town.Experts predict Sunshine Coast real estate prices will skyrocket on the back of rising infrastructure spending, industry growth, jobs and lifestyle.Analysis of region’s market over the past 12-months revealed 14 suburbs where housing achieved capital gains of 10 per cent or better, with Buddina, Forest Glen, Meridan Plains and Noosa Heads all breaking the 13 per cent barrier.Property research company Hotspotting released their quarterly National Top 10 Best Buys report and named the Sunshine Coast as a real estate winner.Hotspotting also chose the region as its National Growth Star in their most recent PricePredictor Index report which studies sale volumes across Australia.“While the Gold Coast has faded recently, the Sunshine Coast continues to rise,” the report said.Hotspotting founder, Terry Ryder, said there are opportunities from Caloundra to Noosa.“There are more growth suburbs on the Sunshine Coast than any other local government area in Australia,” Mr Ryder said.Mr Ryder said the region has evolved beyond its tourism tag.“It is transitioning to becoming a well-rounded regional economy and it is happening largely through infrastructure spending, some of which is creating new industries,” he said.Mr Ryder said the Sunshine Coast University and the $2 billion University Hospital were examples of regional game-changers.“We have this whole new industry now bringing lots of new people to the Sunshine Coast and many of them earning pretty good money so that is a big change to the economy,” he said.Mr Ryder said the Kawana precinct between Maroochydore and Caloundra would see demand from both owner occupiers and tenants ramp up while the airport expansions and the Maroochydore CBD renewal had driven prices.“If you add up all the projects, all the infrastructure projects and other developments, there is over $20 billion,” he said.Hotspotting created a list of national top 50 suburbs set to deliver strong price growth in the near future and housing at Coolum Beach, Golden Beach and Noosaville made the cut.Amber Werchon sales consultant, Stacey Downey, said suburbs around Kawana were running hot.“It’s the strongest I have ever seen it in this particular area,” she said.“It’s going to continue to rise, and rise quite substantially. People just want a change of lifestyle and, in the grand scheme of things, it’s very affordable in comparison to a lot of other areas,” she said.Ms Downey said purchasers included first homebuyers, families and professionals, with locations around Caloundra no longer considered a ‘retiree zone’.“A lot of older people who have held properties for a long time are now selling and moving on, which is allowing a whole new generation to come in,” she said.Ms Downey said some of the strongest demand was for houses between $800,000 and $1 million, and units around $500,000 to $700,000.Carlos and Belinda Zambrana will move their family from the Redcliffe peninsula to Warana in the next three years, but bought now to beat the price boom.Carlos and Belinda Zambrana, their sons Diego (11) and Marco (12) and dog Kiko. The family have bought on the Sunshine Coast and are stoked to have got into this growth market. Pic Mark Cranitch.The coupled paid $685,000 for their four-bedroom house, which is now tenanted.Mr Zambrana said the area’s lifestyle was the main attraction.“The end of the street is the start of the beach — so it’s a two minute walk,” he said.“We love the Sunshine Coast — there’s so much there,” he said.Mr Zambrana said recent value rises prompted him to buy sooner.“I was looking (at homes) over the last two years and from when we started looking to when we actually bought, I reckon its cost over $100,000 in the time,” he said.More from newsParks and wildlife the new lust-haves post coronavirus1 day agoNoosa’s best beachfront penthouse is about to hit the market1 day ago“My only regret is not buying earlier … and I think the area has got a lot of growth in over the next five years,” he said.Top Sunshine Coast house price growth suburbsSuburb — Median Sale Price — Rise in Median Price (%)BUDDINA — $750,000 — 18.9%FOREST GLEN — $642,500 — 16.8%MERIDAN PLAINS — $525,000 — 14.2%NOOSA HEADS — $895,000 — 13.7%WARANA — $650,000 — 12.9%MOFFAT BEACH — $747,500 — 12.8%MOOLOOLAH VALLEY — $510,000 — 12.7%MARCOOLA — $585,000 — 12.5%COOLUM BEACH — $625,000 — 12.2%GOLDEN BEACH — $570,000 — 12.2%COORAN — $397,000 — 11.8%BATTERY HILL — $520,000 — 11.5%DOONAN — $785,000 — 10.6%SUNSHINE BEACH — $1,160,000 — 10.0%*Only suburbs with 30 or more sales in the periodAll data is to 12 months to July 2017Source: CoreLogicFollow Kieran Clair on Twitter at @kieranclair