In cases where departmental proceedings and criminal cases are based on identical facts and the charges in the criminal case are grave and involve moral turpitude, the departmental proceedings should be stayed till the conclusion of the recording of evidence in the criminal cases to avoid prejudice to the officer.

Jyotirmay Bhattacharya

( 1 ) AN order dated 3rd May, 2005 passed by the Enquiry Officer rejecting the petitioner's applications for stay of the departmental enquiry proceeding till the disposal of the criminal cases, viz. , English Bazar, P. S. Case Nos. 84 of 2004 and 85 of 2004 both dated 21st February, 2004, is under challenge in this writ petition at the instance of a delinquent employee being the petitioner herein.

( 2 ) THE delinquent employee is the Chief Judicial Magistrate at Malda. A departmental proceeding for holding an enquiry against the petitioner has been initiated under the West Bengal Judicial Services (Discipline and Appeal) Rules, 2002 on imputation of the following two sets of articles of charges framed against him which are as follows :-"annexure-I statement of Article of Charge framed against the petitioner. Article of Charge No. I it is alleged that the petitioner, a member of West Bengal higher Judicial Service while posted as Chief Judicial Magistrate, malda in the District of Malda allegedly trespassed on 20th February, 2004 at night into the room at Flat No. 25/b, Maheshmati Rental housing Estate, Malda in occupation of Smt. Susmita Bhattacharjee, a lady Deputy Magistrate at Malda allegedly in an intoxicated state. Such allegations, it proved would show that the petitioner is guilty of misconduct and the petitioner's such act is unbecoming of a Judicial Officer. Article of Charge No. II it is alleged that the petitioner on the same day and about the same time after entering into the room of Smt. Susmita Bhattacharjee allegedly outraged modesty of Smt. Bhattacharyee, a lady Deputy magistrate on Probation at Malda. Such allegation, if proved would show that the petitioner is guilty of misconduct involving moral turpitude and such act is unbecoming of a Judicial Officer. Article of Charge No. III it is alleged that the petitioner, on the same day at day time in the chamber of Gurupada Mondal, Civil Judge (Senior Division)-cum-Assistant Sessions Judge, Malda, made same indecent proposal to Smt. Bhattacharjee to the effect that the petitioner wants to come to her Flat and to spend the evening with her alone and it is alleged that she declined the proposal of the petitioner. Such allegation, if proved would show the petitioner's misconduct and the same are unbecoming of a Judicial Officer. Article of Charge No. IV it is alleged that the petitioners, on the same date at night knocked at the window pane of room of Smt. Debarati Ghosh, another lady Deputy Magistrate, Malda who was the resident of the Flat No. 15/a Maheshmati Housing Rental Estate, Malda and the petitioner were allegedly found to come from the dark passage by the side of her house and the petitioner was allegedly found loitering in front of her verandah and the allegations, if proved would show the misconduct of the petitioner and the said acts are becoming of a judicial Officer. Article of Charge No. V it is alleged that the petitioner, on the same date at day time had been to the chamber of Sri Gurupada Mondal, Civil Judge (Senior division)-cum-Assistant Sessions Judge, Malda and allegedly asked smt. Debarati Ghosh to come to the flat of the petitioner in the same housing Estate so that the petitioners can give some beauty tips including facial and the petitioner tried to be too personal and Smt. Ghosh is annoyed with the behaviour of the petitioner and even though she tried to ignore the petitioner, the petitioner was very much persistent. Such allegation it proved, would show that the petitioner is guilty of misconduct and the said acts are unbecoming of a Judicial Officer. Annexure II statement of imputations of misconduct, moral turpitude and acts unbecoming of a Judicial Officer in support of articles of charge framed against the petitioner. Imputation in respect of Article of Charge No. I that the petitioner who is a member of West Bengal Higher judicial Service while posted as C. J. M. , Malda in the District of Malda trespassed at

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