IMPORTANT POINT
Disciplinary proceedings can proceed simultaneously with criminal trials unless both are based on identical facts, ensuring a balance between fair trial and timely resolution.

ORDER :

(Narendra Kumar Vyas, J.)

1. Since an identical issue and common question of facts are involved in both of these writ petitions, they are heard analogously and are being decided by this common order.

2. The petitioner in WPS No. 3614 of 2022 has filed this writ petition for quashing of findings of enquiry report dated 27.04.2022 issued by respondent No. 2/Assistant Security Commissioner-II, South Eastern Central Railway (SECR), Raipur which was sent to the petitioner vide memo dated 28.04.2022 directing him to submit reply/representation, if any, within 15 days.

3. The petitioner in WPS No. 3705 of 2022 has filed this writ petition for quashing of findings of enquiry report dated 27.04.2022 issued by respondent No. 2/Assistant Security Commissioner-II, South Eastern Central Railway (SECR), Raipur which was sent to the petitioner vide memo dated 27.04.2022 directing him to submit reply/representation, if any, within 15 days.

4. Brief facts as reflected from records are that the petitioners are working as Head Constable in Railway Protection Force and posted at outpost Tilda and on 28.12.2021, when railway rack loaded with Iron Pellets arrived at Mandhar railway station, the petitioner (in WPS No. 3614/2022) along with another Constable namely Mohit Kumar (petitioner in WPS No. 3705/2022) opened locks of the racks and with help of other persons got the pellets filled in 50-60 bags and sold the same to a scrap vendor. On 30.12.2021, the petitioners assaulted one Abdul Khan R/o Mandhar and arrested Sahil Khan for offence of threat and subsequently Abdul Khan committed suicide by cutting himself with running train Amarkantak Express. On 10.01.2022, daughter of Late Abdul Khan namely Jannat Khan made a written complaint before the concerned police station regarding physical assault and death of her father and consequently after investigation Crime No. 01/2022 for offence punishable under Section 3(a) of the RPUP Act has been registered against both the petitioners on 10.01.2022. The charge-sheet/memorandum was issued to the petitioners on 31.01.2022 (Annexure P/2). Both the petitioners were arrested on 11.01.2022 and have been released on bail by the competent court vide order dated 14.01.2022. The petitioners being aggrieved with the charge-sheet dated 31.01.2022, filed writ petitions before this Court bearing WPS No.2425/2022 & WPS No. 2420/2022 and this Court vide order dated 07.04.2022 (Annexure P/3) has disposed of the writ petitions by observing as under:-

“14. For all the aforesaid reasons, this Court is of the firm view that in the aforesaid legal position as it stands, the writ petition as of now can be disposed of directing the respondent authorities to ensure that the departmental enquiry initiated against the petitioner as of now may be proceeded further in respect of only the witnesses who are not common in the two proceedings i.e. in the departmental enquiry and the criminal case. However as regards the witnesses who are common in both the proceedings, their evidences which is to be recorded in the departmental enquiry, shall be recorded only after their evidence/statement is recorded in the criminal case, wherein the petitioner is an accused for the offence under Section 376 & 506 of the IPC.”

5. On 22.04.2022, the petitioners have submitted an application before enquiry officer mainly contending that this Court vide order dated 07.04.2022 passed in WPS No. 2425/2022 & WPS No. 2420/2022 has stopped the enquiry proceedings and copy will be given to the enquiry officer when it is made available. Thereafter, the enquiry officer has submitted its report on 27.04.2022, which has been forwarded to the petitioners on 27.04.2022 & 28.04.2022 directing them to submit explanation to the enquiry report. The memo and the finding of the enquiry report have been assailed by the petitioners in these writ petitions.

6. Learned counsel for the petitioners would submit that the petitioners submitted an application on 22.04.2022 befor