The argument of the learned Counsel for the complainant is that the word "charges" occurring in proviso to Section 4(2) of the SC/ST Act is to be interpreted that the enquiry report is to be sought before framing of charges and not before the registration of the FIR.
{Para 49}
50. To my mind, the said argument is bereft of merit as the law laid down by the Hon'ble Supreme Court in Charansingh (supra) and as per the proviso noted above, the enquiry report is to be sought before the criminal proceedings are initiated and not before the framing of charges.
14.4. The absence of recommendation would bar taking cognizance by the Court. In a given case, if a complaint without recommendation is filed before the Magistrate, the Magistrate before proceeding further to keep his decision conforming to Section 4(2) read with the proviso, calls for a report/recommendation from the Department against the named public servant. The Special Court or the Exclusive Special Court based on an administrative enquiry report can take cognizance of the alleged offence and thereon direct penal proceedings. By keeping in perspective, the language/scheme of Section 4, and on the literal interpretation of Sub-sections (1), (2) and (3) of Section 4, it would be legally permissible that the jurisdiction for infraction of Sub-section (2) of Section 4 is attracted only on the recommendation of the administrative enquiry and then, the cognizance Under Sub-section (3) of Section 4 is ordered.
15. By adhering to the above procedure, we hold that the Magistrate would have the accusation of a party and view of the Department while deciding to take cognizance of the offence or not. At the cost of repetition stated that, the purpose of an administrative enquiry is to find out the conduct of a public servant against whom allegations of failure of duty or function are made and the omission or commission is bonafide or willful.
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 349 of 2021
Decided On: 17.05.2024
The State of GNCT of Delhi and Ors. Vs. Praveen Kumar*
Hon'ble Judges/Coram:
M.M. Sundresh and S.V. Bhatti, JJ.
Author: S.V. Bhatti, J.
Citation: MANU/SC/0469/2024.
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