UMA SHANKAR SINGH Vs. CENTRAL COALFIELDS LIMITED

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THE petitioner herein has sought a direction upon the respondents not to proceed in a departmental proceeding initiated against him vide memorandum dated 17th October 2012 by the Chairman -cum -Managing Director -cum -Disciplinary Authority, Central Coalfields Limited (Respondent No. 2) during the pendency of the criminal case lodged by the Central Bureau of Investigation on the identical facts.

(3.) COUNSEL for the petitioner submits that these FIRs' have been instituted for different areas. Perusal of the FIR indicates that the allegations of criminal conspiracy have been made against the accused persons including the petitioner and other officials of dishonestly misappropriating the amount of coal over which they had dominion, causing wrongful loss to the coal company and corresponding wrongful gain for themselves. Article of charges in the departmental proceedings therefore indicate dereliction of official duty on the part of the petitioner in the maintenance of the monthly coal face measurement register and coal stock measurement register as also failure to follow the yellow book. These allegations contained in the two articles of charges therefore point out to the incidences of lapses of duty on the part of the petitioner which amounts to misconduct under the Conduct, Discipline and Appeal Rules, 1978. The allegation in the FIR, on the other hand, relate to the criminal conspiracy and acts of dishonest misappropriation of the alleged quantity of coal which has caused loss to the company. The element of mens rea has to be established in the matter of criminal prosecution to bring home charges beyond all reasonable doubt. However, allegations in the departmental proceeding are definitely related to dereliction of official duty and will not, in any way, prejudice the case of the petitioner if the same are continued despite institution of the criminal case.