CENTRAL COALFIELDS LIMITED Vs. SANDEEP KUMAR

JUDGEMENT

(1.) The instant appeal under clause 10 of the Letters Patent is directed against the order/judgment dtd. 25/7/2024 passed by the learned Single Judge of this Court in W.P.(S) No. 1930 of 2024, whereby and whereunder, the departmental proceeding initiated against the respondent-writ petitioner has been stayed till conclusion of the criminal case. Factual Matrix:

(2.) The brief facts of the case as per the pleading made in the writ petition, which require to be enumerated herein, read as under: The respondent-writ petitioner is a Clerk Gr.-II posted in Sirka Colliery, Argada Area, Central Coalfields Limited, District Ramgarh. A complaint was lodged against the respondent-writ petitioner by one Lata Devi on 19/9/2023 stating therein that she had applied for the compassionate appointment but the respondent-writ petitioner was demanding illegal gratification for movement of file to the tune of Rs.30,000.00. On the basis of the said complaint, a raid was conducted and the respondent-writ petitioner was taken into custody on 4/10/2023. The chargesheet has already been filed and cognizance has already been taken on 22/12/2023 which will be evident from the FIR dtd. 4/10/2023. Thereafter, the respondent-writ petitioner was enlarged on bail on 22/3/2024 and when the respondent-writ petitioner was behind the bar, a chargesheet was issued on 10/2/2024 for the same set of charge. After the chargesheet having been served, the respondent-writ petitioner filed a reply to the same on 19/2/2024 and denied the charges levelled against him. After the bail having been granted in favour of the respondent- writ petitioner, the respondent-writ petitioner made representation for his joining but the same was not accepted. The respondent-writ petitioner also made representation for stay of the departmental proceeding to the Project Officer, Sirka Colliery, Argada Area, Ramgarh on 1/4/2024 and not to take any coercive steps against the respondent-writ petitioner in terms of the initiation of the departmental proceeding as in the departmental proceeding and in the criminal proceeding, the charges are same and similar but the same having not been done, the respondent-writ petitioner approached this Court by invoking the jurisdiction conferred under Article 226 of the Constitution of India by filing writ petition being W.P.(S) No. 1930 of 2024 in which the departmental proceeding initiated against the respondent-writ petitioner has been stayed till concussion of the criminal case against which the present letters patent appeal has been filed by the appellants herein (respondents to the writ petitioner).

(3.) It is evident from the factual aspect that respondent-writ petitioner while working as Clerk Gr.-II was caught red-handed in accepting the bribed money and thereafter, a criminal case was instituted under Sec. 7 of the Prevention of Corruption Act. In the said criminal case, chargesheet has been submitted and simultaneous to the said case, a departmental proceeding has also been instituted by issuance of memorandum of charge on 10/2/2024 alleging therein the allegation that the respondent-writ petitioner has abused his official position, acted in a manner unbecoming a public servant and failed to maintain absolute integrity as Clerk Gr.-II, Sirka Colliery which tarnished the image and was detrimental to the interests of the Company. The respondent-writ petitioner, after issuance of the memorandum of charge and when the decision was taken to initiate a departmental proceeding vide resolution dtd. 12/12/2023, the respondent-writ petitioner has approached to this Court by invoking the jurisdiction conferred to this Court under Article 226 of the Constitution of India challenging the chargesheet dtd. 10/2/2024 along with the departmental proceeding.