K GANESH Vs. UNION OF INDIA

JUDGEMENT

(1.) As the facts giving rise to the present two writ petitions are similar and the issues arising for our consideration are identical, we propose to dispose of both these writ petitions by this common judgment and order. W.P.(C) 1792/2002:

(2.) The petitioner herein was posted and working in the accounts section of the respondents/CISF at North-Zone Headquarters, New Delhi. The scope of his duties included, inter alia, preparing bills, making payments mainly of CEA, Tuition Fee, TA, DA and LTC claims. During the course of discharging his duties the petitioner was found to have claimed a sum of Rs.36, 775/- in excess and illegally from the Government fund through various bills for which he was not entitled to claim. Another sum of Rs.500/- was adjusted by him against one Inspector M.D.Manjihi. On the aforesaid account a criminal case was registered on 1.2.99 for the offences of cheating, fraud, forgery and misappropriation, falsification of account, intentional wrongful gain to himself and wrongful loss to the Government. A first information report being FIR No.68/99 was registered in the police station Malviya Nagar under Section 120B/420/467/478/471 IPC. In the said criminal case, even the charge sheet could not be framed till the hearing of the writ petition although the said FIR was registered on 1.2.1999.

(3.) On the ground that there has been embezzlement, failure to maintain absolute integrity, misconduct and dereliction of duty etc. the petitioner was also issued a charge memo dated 14.1.2001 initiating a departmental enquiry against the petitioner. The aforesaid charge memo was issued to the petitioner on 14.1.2001. The petitioner requested for providing him with English version of the charge memo, which was handed over to the petitioner on 18.9.2001. The petitioner by his letter dated 26.9.2001 sought for certain documents, which according to him were essential for submitting his defence statement. He also sought for certain clarifications, which were listed in the said letter, in order to enable him to submit the defence reply. In terms of the request of the petitioner certain documents were furnished to the petitioner by letter dated 22.10.2001 and the same were received by the petitioner. After the aforesaid documents were received, the petitioner requested to provide him with further documents by his letter dated 24.11.2001 wherein the petitioner also intimated that he would submit his defence reply to the articles of charges within ten days. On 15.1.2002, the petitioner filed a detailed representation wherein he had given certain explanations on the basis of the charge memo, which was supplied to him. In the aforesaid explanation, the petitioner has recorded certain defects. He had also analysed the articles of charges and statement of imputation of misconduct, in the said representation and indicated certain technical flaws, which according to him are there in the articles of charges and statement of imputation of misconduct. The petitioner requested that the disciplinary proceedings be dropped due to the aforesaid defects/technical flaws and that in the event of not accepting the aforesaid prayer of the petitioner the disciplinary proceeding should be stayed till finalisation of criminal proceedings in the court of law. Thereafter, the present petition was filed by the petitioner under Article 226 of the Constitution of India praying for a direction to the respondents to stay the proceedings in the departmental enquiry till the final decision of the criminal case, which was registered against the petitioner. W.P.(C) 1789/2002: