The pendency of a criminal case does not automatically warrant a stay in the departmental proceeding.

JUDGMENT

S N Pathak, J – The petitioner has approached this Court with a prayer for quashing the office order under Ref. No. 1320 dated 17.12.2016 passed by the General Managr/Disciplinary Authority, Rajrappa Area, Central Coalfields Limited, whereby and whereunder, Enquiry Officer has been appointed to enquire into the charges framed against the petitioner in terms of Clause 2.3 of the Certified Standing Orders and further as per the settled principles of Departmental Enquiry the Enquiry Officer has been advised to submits his findings at the earliest but not later than six months from the date of appointment of the Enquiry Officer in terms of the directive of CVC.

2. The short facts lying in narrow compass is that the petitioner was appointed to the post of General Mazdoor under Category I on 24.04.1990 under the respondents. An FIR, being R.C. case No. 11 (A ) of 2015-R dated 15.12.2015 was registered for the offence punishable under Section 120 B read with Sections 420, 468 and 471 of the IPC and Section 13 (2) read with Section 13 (1)(d) of the Prevention of Corruption Act, 1988. It has been alleged in the FIR that while the petitioner was posted as Amin, Central Coalfields Limited, Rajrappa Area, he abused his official position and dishonestly and fraudulently raised / processed the proposals/applications for providing employment of six private persons as General Mazdoor, Category I in the Central Coalfields Limited, including Sri Chandan Kumar, nephew of the petitioner showing him as descendant of late Komal Tirkey, knowing full well that said Chandan Kumar is not related with the family of late Komal Tirkey and was not legally entitled for employment in lieu of land acquired by the Respondent-Central Coalfields Limited. In the said FIR, Sri P.K. Mishra, Inspector, Central Bureau of Investigation, ACB, Ranchi was appointed as Investigating Officer.

3. It is further the case of the petitioner that after completion of investigation, charge sheet was submitted against the petitioner on 30.06.2016 for the offences punishable under Section 120 B read with Section 420, 468 and 471 of the IPC and Section 13 (2) read with Section 13 (1) (d) of the Prevention of Corruption Act, 1988. On the same set of allegation, a departmental enquiry was initiated against the petitioner in which charge sheet under Ref. No. 134 dated 18.10.2016 was served upon the petitioner, directing him to submit his explanation within a week from the receipt of the charge sheet and four articles of charges were framed against the petitioner. Thereafter, the petitioner submitted his reply on 26.10.2016 before the respondent, explaining his stand in respect of Charge sheet No. 134 dated 18.10.2016 and denying the charges levelled against him. Subsequently, vide Office Order under Ref. No. 1320 dated 17.12.2016 passed by the General Managr/Disciplinary Authority, Rajrappa Area, CCL, Enquiry Officer has been appointed to enquire into the charges framed against the petitioner in terms of Clause 2.3 of the Certified Standing Orders and further as per the settled principles of Departmental Enquiry, the Enquiry Officer has been advised to submit his findings at the earliest but not later than six months from the date of appointment of the Enquiry Officer in terms of the directive of CVC. It is the specific case of the petitioner that if departmental proceeding and the criminal case are based on identical and similar set of facts and the charges in the criminal case against a delinquent employee is of grave nature, it would be desirable to stay the departmental proceeding till conclusion of the criminal case. Therefore, on receipt of the same, the petitioner approached before the respondents and prayed to stay the departmental proceeding on the ground that the continuance of the same, will prejudice the case of the petitioner before the Criminal Court. The petitioner, thus has prayed, by filing this writ application, to direct the respondents not to proceed with the