JAGDISH PRASAD KHATRI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this petition, the petitioner has obtained a rule from this Court calling upon the respondents to show cause why a writ of prohibition, or any other appropriate writ, order or direction should not be issued under Art. 226 of the Constitution prohibiting them from proceeding with the departmental enquiry and from removing the petitioner from his service until the disposal of the criminal case, pending against him.

(2.) THE petitioner was appointed as a Lower Division Clerk in the office of the Executive Engineer, National Highway, Udaipur by a Government order dated March 26, 1955 and he was confirmed on that post with effect from July 10, 1964. He was promoted to the post of Upper Division Clerk by the order dated February 4, 1966. He joined on that post on February 5, 1966 and, thereafter, continued to work as such. On September 16, 1971, he was suspended by the Superintending Engineer, P. W. D. ( B & R), Circle II, Udaipur (respondent No. 3 ). He was served with a charge-sheet under r. 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 on May 17, 1972. THE statement of charges, framed against the petitioner was submitted with the writ petition as Ex. 1/2. Four charges were levelled against the petitioner, which are as under: "charge I: That the said Shri Jagdish Prasad while functioning as Store Keeper, P. W. D. (B & R) Banswara during the period from 27-1-70 to 20-9-71 allowed 9 (nine) bundles of steel bars to be taken from P. W. D. (B & R) Store Banswara without any proper indent or authority as indicated in paras one to three of the statement of allegations. CHARGE II: That during the aforesaid period and while functioning in the aforesaid office, the said Shri Jagdish Prasad left the head quarters on 24-8-71 without obtaining prior permission and did not join his duties upto 20-9-71 inspite of communication of refusal of leave. He also kept the keys of some store rooms with him as indicated in para IV & V. of the statement of allegations. CHARGE III : That during the aforesaid period and while functioning in the aforesaid office, the said Shri Jagdish Prasad kept the Government steel in the P. W D. Stores without regular entry in the quantity accounts of the Stores as indicated in para six of the statement of allegations. CHARGE IV : That Shri Jagdish Prasad, while functioning as Store keeper P. W. D. (B & R), Banswara during the period from 27-1-70 to 20-9-71 issued the iron bars less in quantity against the indents for various works and the bars as illegally saved were not brought to accounts in the books. Shri Jagdish Prasad is, therefore, charged for issuing less bars illegally and not accounting the same in the books of P. W. D. Stores. "

(3.) LEARNED Deputy Government Advocate submitted that the trial of the criminal case and the departmental enquiry both can proceed simultaneously and there is no bar in doing so, for, the judgment rendered in the criminal case is not binding in the departmental enquiry and so also the order of the Enquiry Officer or Disciplinary Authority is not binding in the criminal case. He further submitted that the Chief Engineer P. W. D. (B&r) Jaipur had issued instructions on the basis of the Government circular (Ex. R4) datad September 11, 1978 wherein the Government issued the direction as a matter of policy that where a criminal case is pending against an employee, and the Departmental enquiry, in the matter of same charge is also pending, there is no impediment in completing the departmental enquiry before the conclusion of the trial in a criminal case.