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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR
Yashoda Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
RAJESH SHANKAR, J.
1. The present writ petition has been filed for quashing the order as contained in memo No. 367/General Section dated 21.02.2018 (Annexure-5 to the writ petition) passed by the respondent No.4 whereby the original petitioner, namely, Ram Nath Singh (since deceased) has been dismissed from service. Further prayer has been made for quashing the order as contained in memo No. 312/D dated 06.11.2018 (Annexure-7 series to the writ petition) passed by the respondent No.2 whereby the departmental appeal preferred by the original petitioner has been rejected.
2. During pendency of the present writ petition, the original petitioner died on 24.01.2021 and thereafter the present petitioner was substituted in his place vide order dated 02.01.2023.
3. The factual background of the case as stated in the writ petition is that the original petitioner was posted as Sub-Inspector of Police at Tisri Police Station in District-Giridih and he was made the Investigating Officer of Tisri P.S. Case No. 37/16 registered under Sections 147/148/149//354/379/307/436 of I.P.C and Tisri P.S. Case No. 38/2016 registered under Sections 147/148/149/354/379/307 of IPC, both instituted on 0
Departmental proceedings can continue alongside criminal trials unless complicated legal questions arise; mere overlap of facts does not warrant a stay.
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 proceedings must adhere to principles of natural justice, and acquittal in criminal cases does not preclude disciplinary action but requires proper evidence examination.
The main legal point established in the judgment is that the departmental proceedings and criminal trial can proceed simultaneously, unless there are specific reasons to stay the departmental proceed....
Acquittal in criminal proceedings based on identical allegations renders continuation of departmental proceedings unjust and unfair.
Departmental proceedings and criminal cases are distinct; acquittal in a criminal case does not invalidate disciplinary action if misconduct is proven.
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