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IN THE HIGH COURT OF JHARKHAND AT RANCHI
DEEPAK ROSHAN
Pratap Ranjan S/o Yugeshwar Marar Deen – Appellant
Versus
Chairman Cum Managing Director & Disciplinary Authoriy, Central Coalfields Limited – Respondent
| Table of Content |
|---|
| 1. background of departmental proceedings (Para 2 , 3) |
| 2. double jeopardy argument raised (Para 4) |
| 3. difference in charges contested (Para 5) |
| 4. no stay granted for proceedings (Para 6) |
| 5. no legal bar on simultaneous proceedings (Para 7 , 8) |
| 6. writ application dismissed (Para 9 , 10) |
JUDGMENT :
DEEPAK ROSHAN, J.
1. Heard learned counsel for the parties.
2. The instant writ application has been preferred by the petitioner praying therein for quashing the departmental proceeding which has been initiated against this petitioner vide memorandum dated 27.05.2023 (Annexure-3), issued by the respondent no.1; whereby the respondent company proposes to hold an enquiry against this petitioner under Rule 30.0 of the Coal India Executives Conduct, Discipline and Appeal Rules 2021.
3. Brief facts of the case as it appears from the averments made in this writ application is that petitioner joined CCL in the year 2013. On 30.09.2019, CBI registered an FIR bearing case no. RC 5(A)/2019- R based on the complaint of the Chief Vigilance Officer, CMPFO (Coal Mines Provident Fund Organization), Dhanbad alleging fraudulent withdrawal of provident fund of 38 ex-employees during the period 2015-1
Second disciplinary proceedings for distinct charges do not violate double jeopardy, permitting simultaneous continuation with a criminal trial under specific circumstances.
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....
The main legal point established in the judgment is that when the charges in the criminal case and departmental proceeding are similar, the evidence and witnesses are common, and the departmental pro....
Departmental proceedings can continue alongside criminal trials unless complicated legal questions arise; mere overlap of facts does not warrant a stay.
Departmental enquiries can proceed simultaneously with criminal trials unless they unduly prejudice the defense, emphasizing the need for prompt disciplinary action.
Departmental inquiries and criminal trials may proceed simultaneously without prejudice unless grave issues are involved; the standard of proof differs significantly between the two contexts.
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