Departmental proceedings can proceed independently of criminal case and should be conducted expeditiously.

JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 28.01.2020, 27.05.2020 and 17.06.2020 and promote the petitioner to the post of Deputy Superintendent of Police notionally w.e.f 2013 and then as Additional Superintendent of Police on par with the petitioner's juniors with all attendant and consequential benefits.)

This writ petition has been filed, seeking a direction to the respondents to consider the representation of the petitioner dated 28.01.2020, 27.05.2020 and 17.06.2020 for promotion.

2. The learned counsel appearing for the petitioner would submit that he has been falsely implicated in a case, which is pending for nearly 10 years, consequent to which, he was placed under Suspension on 16.02.2010. Thereafter, pursuant to the order of this Court, dated 04.09.2018, he has been reinstated into service. However, he has been deprived of promotion, for which he made a representation for consideration of his promotion as Inspector.

3. Mr.J.Pothiraj, learned Special Government Pleader, who takes notice for the respondents would submit that serious charges have been made against the petitioner and other officers and they swindled crores of money. He would further submit that the factum of conclusion of the criminal case needs to be ascertained. It is submitted that as the matter is sub-judice, no promotion need to be given as the petitioner has to face the departmental proceedings and on account of pendency of case in various forms, departmental proceedings could not have been concluded at the earliest point of time.

4. According to the petitioner, there is no departmental proceedings initiated against him and he was reinstated into service pursuant to the orders of this Court, in the light of the judgments of the Hon'ble Supreme Court in State of TN vs. Promod Kumar IPS and another, reported in AIR 2018 SC 4060 and Ajay Kumar Choudhary vs. Union of India through its Secretary and another, reported in 2015 (3) CTC 119.

5. Heard the learned counsel appearing on either side and perused the materials available on record.

6. Considering the facts and circumstances of this case, this Court is not going to direct the respondents to promote the petitioner to the post of Inspector by including him in the panel and it is for the respondents to consider the same. It is needless to mention that if any departmental proceedings have been commenced or initiated, it is open to the respondents to proceed with the same so as to bring the proceedings to a logical end, dehors pendency of the criminal case, as both criminal proceedings as well as departmental proceedings can go on simultaneously and the criminal case should be proved beyond reasonable doubt by adducing oral and documentary evidence, whereas charges in the departmental proceedings should be established on the basis of preponderance of probabilities. If Criminal Proceedings are not initiated or concluded within one year from the date of FIR, there is no hindrance on the part of the employer to proceed with the departmental proceedings on day to-day basis and bring the issue to a logical end at the earliest point of time and the employee will have to participate in the departmental proceedings and shall not attempt to adopt dilatory tactics.

7. In this regard, the Hon'ble Supreme Court in the case of Stanzen Toyotetsu India Private Limited vs. Girish v. and others, reported in (2014) 3 SCC 636, has clearly laid down a dictum as under:

“19. In the circumstances and taking into consideration all aspects mentioned above as also keeping in view the fact that all the three Courts below have exercised their discretion in favour of staying the on-going disciplinary proceedings, we do not consider it fit to vacate the said order straightaway. Interests of justice would, in our opinion, be sufficiently served if we direct the Court dealing with the criminal ch