IMPORTANT POINT
Departmental proceeding vis-à-vis criminal proceeding.

Judgment :-

CHANDRAMAULI KR. PRASAD, J.

Ajay Kumar Tyagi, at the relevant time, was working as a Junior Engineer with the Delhi Jal Board. Surinder Singh, a Constable with the Delhi Police applied to the Delhi Jal Board, hereinafter referred to as ‘the Board’, for water connection in the name of his wife Sheela Devi. The application for grant of water connection was cleared by the Assistant Engineer and the file was sent to said Ajay Kumar Tyagi (hereinafter refered to as ‘the accused’).

Constable Surinder Singh lodged a report with the Anti Corruption Branch alleging that the accused demanded bribe of Rs. 2000/- for clearing the file and a sum of Rs. 1000/- was to be paid initially and the balance amount after the clearance of file. On the basis of the information lodged, a trap was laid and, according to the prosecution, the accused demanded and accepted the bribe of Rs. 1000/-. This led to registration of the first information report under Section 7/13 of the Prevention of Corruption Act.

After investigation, charge-sheet was submitted on 19th of September, 2002 and the accused was put on trial. Charges were framed by the Special Judge.

In respect of the same incident, a departmental proceeding was also initiated against the accused and the Article of Charges was served on him. In the departmental proceeding it was alleged that the accused “being a public servant in discharge of his official duties by corrupt and illegal means or otherwise, abusing his official position, demanded, accepted and obtained Rs. 1000/- (One Thousand) as illegal gratification other than legal remuneration from Sh. Surinder Singh S/o Shri Ram Bhajan r/o H.No. 432-A, Gali No. 2, 80 Sq. Yards, Village Mandoli, Delhi in consideration for giving a report on the water connection”.

The enquiry officer conducted the departmental inquiry and submitted its report. The inquiry officer observed that “the evidence on record does not substantiate the charge of demand and acceptance of bribe” by the accused and, accordingly, recorded the finding that the charge against the accused has not been proved due to lack of evidence on record.

It seems that no action was taken on the report of the inquiry officer due to pendency of the criminal case pending against the accused. Accordingly, he filed writ petition before the Delhi High Court inter alia praying for conclusion of the departmental proceeding. The submission made by the accused did not find favour with the High Court and by the judgment and order dated 2nd of February, 2007, it dismissed the writ petition inter alia observing as follows:

“Hence, I do not find the action of the respondents in keeping the departmental proceedings in abeyance to be in any manner unjustified specially when the petitioner inspite of the pendency of the criminal case against him has not been suspended from service and is continuing to perform his duties.”

Thereafter, the accused resorted to another remedy under Section 482 of the Code of Criminal Procedure and prayed for quashing of the first information report lodged against him under Section 7/13 of the Prevention of Corruption Act. The prayer for quashing of the first information report was founded on the ground that since the accused has been exonerated in the disciplinary proceeding by a detailed speaking order, the first information report deserves to be quashed on that ground alone. Reliance was placed on a decision of this Court in the case of P.S. Rajya v. State of Bihar, 1996 (9) SCC 1.

The High Court referred to the allegation made in the criminal case and the departmental proceeding and observed that “there is not even an iota of doubt that the charges framed in both the proceedings are the same”. Accordingly, it quashed the criminal proceedings and while doing so, observed as follows :

“Considering the foregoing discussion, I am of the view that if the departmental proceedings end in a finding in favour of the accused in respect of allegations which form basis for criminal procee