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IN THE HIGH COURT OF JHARKHAND AT RANCHI
TARLOK SINGH CHAUHAN, RAJESH SHANKAR,
Sanjay Nishad, aged about 46 years, Son of Late Harimullah – Appellant
Versus
Bharat Coking Coal Limited – Respondent
JUDGMENT :
Tarlok Singh Chauhan, C.J.
1. We have heard the learned counsel for the parties and have gone through the materials available on record.
2. The moot question in all these appeals, which arises out of a common judgment rendered by the writ Court is whether the criminal case and the departmental proceedings against the petitioner(s)- appellant(s) can be permitted to continue simultaneously. The learned writ Court held that preventing the respondents from passing final orders in the departmental proceedings in the backdrop of delay in finalizing of the criminal case could not be in the interest of justice and accordingly dismissed the writ petitions filed by the appellants herein. 3. The facts of each of the case are enumerated in brief as under:-
4. L.P.A. No. 462 of 2025
5. The appellant was appointed as Miner Loader on 18.8.2000 at Dobari Colliery of Bastacolla area.
6. The appellant was thereafter transferred to Ena colliery on the post of Dispatch clerk and has been working in the said post since then.
7. During the service period of the appellant a criminal case was instituted against the appellant vide FIR No. RC Case No.01(A)/2018- D, dated 29.1.18 under Section 7 of the P
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....
Departmental proceedings can continue alongside criminal trials unless complicated legal questions arise; mere overlap of facts does not warrant a stay.
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 inquiries and criminal trials may proceed simultaneously without prejudice unless grave issues are involved; the standard of proof differs significantly between the two contexts.
Second disciplinary proceedings for distinct charges do not violate double jeopardy, permitting simultaneous continuation with a criminal trial under specific circumstances.
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