PRITI CHAUHAN Vs. STATE OF U P

JUDGEMENT

(1.) THE short grievance raised by the petitioner in this writ petition is that in respect to the charges, on which departmental enquiry is being conducted against him, a criminal proceeding has also been initiated and, therefore, so long as the criminal proceeding is going on, the authorities cannot proceed with the departmental enquiry and, therefore, a writ of mandamus has been sought for staying the pending departmental enquiry. Reliance is placed on the Apex Court's decision in Capt. M.Paul Anthony Vs. Bharat Gold Mines Ltd. and another 1999 (3) SCC 679.

(2.) IN my view, the submission is thoroughly misconceived. The Apex Court, in the Capt. M. Paul (supra) has clearly held that the departmental as well as criminal, both the proceedings, can go on simultaneously as there is no bar in their being conducted simultaneously. The question as to whether during the pendency of criminal proceeding, the departmental proceeding should be stayed depends upon the facts and circumstances of the individual case. IN Ajit Kumar Nag Vs. General Manager I.O.C. JT 2005 (8) SC 425, the Apex Court said that the procedure followed in both the cases as well as the subject matter of the departmental enquiry and criminal proceeding has different scope and it cannot not be said that when a criminal proceeding is going on a particular criminal charge, in that regard, the departmental proceeding cannot be allowed to proceed. The same view has been reiterated subsequently, in Chairman/ Managing Director TNCS Corporation Ltd. and others Vs. K. Meerabai JT 2006 (1) SC 444, Suresh Pathrella Vs. Oriental Bank of Commerce AIR 2007 SC 199 and Union of INdia and others Vs. Naman Singh Shekhawat 2008 (4) SCC 1.

(3.) A similar view has also been taken in Indian Overseas Bank Vs. P. Ganesan and others AIR 2008 SC 553 and the Court held that where a prayer is made that so long as criminal proceedings are going on, departmental proceeding may not be proceeded, the Court must record a finding that the non grant of stay on departmental proceeding would not only prejudice the delinquent officer, but the matter also involve a complicated question of law. Noting of that sort has been shown by the learned Counsel for the petitioner in the case in hand.