RANCHI, India, Sept. 25 -- Jharkhand High Court issued the following order on Aug. 25:

1. Heard learned counsel for the parties.

2. The instant writ application has been preferred by the petitioner praying therein for quashing of the order dated 3/4.10.2019; whereby the respondents started the departmental enquiry against the petitioner; further for the stay of the entire departmental proceeding initiated against the petitioner, inasmuch as, for the same set of charge; one R.C Case No. 3 (A)/ 2019 (D) is pending for trial before the Special Judge, CBI-cum-Additional Sessions Judge-XI, Dhanbad.

3. The main contention of the petitioner is that for these selfcharges; a criminal case is pending and the departmental proceeding cannot be permitted to continue.

4. Law in this regard is well settled. In the case of Capt. M. Paul Anthony v. Bharat Gold Mines Ltd.1 , the Hon'ble Supreme Court in para 22 of the said judgment has held as under:-

"22. The conclusions which are deducible from various decisions of this Court referred to above are:

(i) Departmental proceedings and proceedings in a criminal case can proceed simultaneously as there is no bar in their being conducted simultaneously, though separately.

(ii) If the departmental proceedings and the criminal case are based on identical and similar set of facts and the charge in the criminal case against the delinquent employee is of a grave nature which involves complicated questions of law and fact, it would be desirable to stay the departmental proceedings till the conclusion of the criminal case.

(iii) Whether the nature of a charge in a criminal case is grave and whether complicated questions of fact and law are involved in that case, will depend upon the nature of offence, the nature of the case launched against the employee on the basis of evidence and material collected against him during investigation or as reflected in the charge-sheet.

(iv) The factors mentioned at (ii) and (iii) above cannot be considered in isolation to stay the departmental proceedings but due regard has to be given to the fact that the departmental proceedings cannot be unduly delayed.

(v) If the criminal case does not proceed or its disposal is being unduly delayed, the departmental proceedings, even if they were stayed on account of the pendency of the criminal case, can be resumed and proceeded with so as to conclude them at an early date, so that if the employee is found not guilty his honour may be vindicated and in case he is found guilty, the administration may get rid of him at the earliest."

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=U%2BbhtlrLe2adAHN8Tz%2F1d0h535Qj6aKwOUFot76fM5YQCIZjzxPzJR3lVpPmaW1G&caseno=WPC/386/2020&cCode=1&cino=JHHC010038342020&state_code=7&appFlag=)

Disclaimer: Curated by HT Syndication.