HUKMA RAM Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) NONE appears on behalf of the petitioner even in second round. The petitioner has challenged initiation of departmental enquiry in regard to some charges which are subject matter of the criminal case. I find that grounds taken for staying the departmental enquiry are not tenable as taw on the issue is now settled in view of the judgment of the Apex Court in the case of Captain M Paul Anthony vs. Bharat Gold Mines Limited and Anr, reported as : (1999) 3 SCC 679 and State Bank of India vs. RB Sharma, reported as : (2004) 7 SCC 27, wherein, simultaneous departmental enquiry has been permitted other than in the case involving serious allegations having complicated questions of facts and law. No such ground has been raised by the petitioner herein, rather, if the judgment in the case of Captain M Paul Anthony (supra) is also applied, then also departmental enquiry is not debarred pending criminal case. The exception is only when it is having serious allegations and involving complicated questions of fact and law. It is not given out that how complicated questions of fact and law are involved in this case thus I am unable to accept the plea taken by the petitioner. This is more so when standard of proof in criminal case is different than in the departmental enquiry.

(2.) ACCORDINGLY , writ petition so as the stay application are dismissed.