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RAVI NATH TILHARI
Kanijam Sridhar – Appellant
Versus
Andhra Pradesh State Road Transport Corporation, represented by its Managing Director – Respondent
JUDGMENT :
1. Heard Sri A.G. Satyanarayana Rao, learned counsel for the petitioner and Sri P. Durga Prasad, learned standing counsel for the Andhra Pradesh State Road Transport Corporation (for short, “the A.P.S.R.T.C”) appearing for the respondents.
2. By means of the present writ petition under Article 226 of the Constitution of India, the petitioner has prayed for the relief in the nature of Mandamus declaring the action of the respondents in conducting departmental enquiry on charge sheet No.01/114(07)/2020-GVRM dated 16.11.2020 being arbitrary, unjust, contrary to law and APSRTC Employees (CC&A) Regulations, 1967, in violation of principles of natural justice, discriminatory and in violation of Article 14 and 21 and 22 of the Constitution of India, pending criminal case under Sections 406 and 420 IPC vide FIR No.449/2020 dated 16.09.2020 of Satyanarayanapuram Police Station, Vijayawada and vide FIR No.790/2020 dated 17.09.2020 of Bhavanipuram Police Station, Vijayawada, allegedly to be on the very same set of facts and same charges, and to set aside the same.
3. The petitioner’s case is that he was appointed in the year 1992 as Conductor and rendered unblemished service of 28 yea
The Tribunal concluded that simultaneous criminal and departmental proceedings can proceed only if they do not prejudice the applicant's defense, deferring the latter pending the conclusion of the fo....
Point of Law : Arguments advanced are clearly devoid of substance, as in present case, at no point of time any departmental enquiry has been held in the past, wherein petitioner has been exonerated, ....
The main legal point established in the judgment is that departmental proceedings can be conducted simultaneously with criminal trials, except in cases where the defence of the employee in the crimin....
The standard of proof in criminal cases and departmental proceedings is different, and departmental proceedings cannot wait for the disposal of the criminal case if the allegations are different.
Departmental inquiries and criminal trials can proceed simultaneously unless staying the inquiry is necessary to prevent prejudice in the criminal trial.
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