PRAYAG PRASAD, Vs. SOUTH EASTERN COAL FIELDS LIMITED

JUDGEMENT

(1.) Challenge in the present Writ Petition is to the disciplinary proceeding initiated against the Petitioner.

(2.) Petitioner was working with the Respondents as Minig Sirdar, Grade-3. An FIR was lodged against the Petitioner and the Central Bureau of Investigation (CBI) registered a criminal case against him for the offence punishable under Sections 120-B, 420, 468, 471 of the Indian Penal Code as well as under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act and the Petitioner is being prosecuted before the Special Judge, CBI, Dhanbad. Meanwhile, the employer, i.e., the Respondents have initiated a departmental enquiry against the Petitioner which is under challenge in the present Writ Petition.

(3.) The main contention of learned Counsel for Petitioner challenging the same is that the witnesses in both the cases, i.e., the criminal case as also in the departmental enquiry, would be the same and in the event if the Petitioner is made to disclose his defence before the departmental authorities first, it may have an adverse bearing on the outcome of the criminal case wherein evidence would get adversely affected.