RAJ BALI Vs. STATE OF U P

JUDGEMENT

(1.) M. Katju, J. This writ petition has been filed against the impugned charge-sheet dated 15-3-2000 and additional charge-sheet dated 3-6-2000 Annexure-8 and 9 to the writ petition.

(2.) HEARD learned Counsel for the parties.

(3.) LEARNED Counsel for the petitioner relied on the Supreme Court decision in the case of Capt. M. Paul Anthony v. Bharat Gold Mines Limited and others, 1999 (2) ESC 1009. This Court in R. S. Pandey v. State of U. P. , 2001 (1) LBESR 422 (All) : 2000 (2) UPLBEC 975, has distinguished the decision of the Supreme Court in Capt. M. Paul Anthony's case (supra) This Court referred to several Supreme Court decisions and came to the conclusion that there cannot be any hard and fast rule that whenever criminal proceedings as well as departmental proceedings are going on, the departmental proceedings must in every case be stayed. It all depends on the facts of the each case. This Court also observed that when there are grave charges against an employee of embezzling public funds disciplinary proceedings should not be stayed since in the cases of embezzlement of huge amount of public funds the entire economy and social system of the country is adversely affected. Everyone knows that there is corruption and financial irregularity on a large scale in our country and this is playing havoc with the economy. The departmental proceedings should only be stayed in the case of murder, assault etc. which are of personal nature and do not affect the society and the economy as a whole.