MITHU CHAUDHURI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) HEARD the learned Advocates appearing for the parties.

(2.) ASSAILING the order dated 20th May, 2009 passed by the Stale Administrative Tribunal in OA No. 756 of 2009, this writ application has been filed. The impugned order reads such.

(3.) IT is true that sometime when on identical charge and identical set of witnesses, the departmental proceeding and the criminal proceeding both are initiated, there is scope for filing an application before the Enquiry Officer seeking stay of the departmental proceeding during pendency of criminal proceeding on the reasoning that departmental proceeding, if is not stayed, delinquent would be compelled to disclose his defence which he may take in the criminal trial and thereby he may suffer prejudice in criminal case. Considering that situation, the Enquiry Officer may stay the departmental proceeding till the finality of the criminal proceeding. Reliance may be placed to the judgement passed in the case State of Rajasthan vs. B.K. Meana, reported in 1996(6) SCC 417, wherein it is held that mere identical fact will not be a ground of stay of departmental proceeding.