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S. M. SUBRAMANIAM, C. KUMARAPPAN
Apurba Bauri – Appellant
Versus
Assistant Security Commissioner, RPF/TNPM & DA – Respondent
JUDGMENT :
[JUDGMENT OF THE COURT WAS DELIVERED BY S.M.SUBRAMANIAM, J.]
The writ petitioner is the appellant before us.
2. The relief sought for in the writ petition was to direct the respondents to defer the departmental disciplinary proceedings until the completion of the criminal case pending against the petitioner in Sessions Case No.59 of 2020 on the file of the learned I Additional District Judge, Durgapur, State of West Bengal.
3. The petitioner joined the services of the Railway Protection Force (RPF), Chennai in the year 2015 as Constable. He obtained 40 days LAP for the purpose of his marriage with one Ms.Tanushree on 29.07.2019. When he was in his native place after marriage, he was arrested by Durgapur Women Police on 10.12.2019 and he was remanded to judicial custody on 11.12.2019 on the complaint given by one Ms.Sujatha Bauri alleging that the petitioner on the false promise of marrying her, had sexual intercourse with her on several times.
4. Pursuant to his arrest, he was placed under deemed suspension by the first respondent by order dated 18.12.2019 and as a later development, a chargesheet was laid by the Sub Inspector of Police, Durgapur Women Police Station before t
Departmental disciplinary proceedings can proceed concurrently with criminal cases, as they are distinct processes with different standards of proof.
While criminal case is registered under Section 3(a) of Railway Property (Unlawful Possession) Act, 1966 which involves theft of Railway property, disciplinary proceeding is upon charges of gross neg....
Simultaneous departmental and criminal proceedings are permitted; acquittal in criminal trials does not prevent disciplinary action based on different standards of proof.
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.
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 departmental proceedings can be conducted simultaneously with criminal trials, except in cases where the defence of the employee in the crimin....
Departmental proceedings can continue alongside criminal trials unless complicated legal questions arise; mere overlap of facts does not warrant a stay.
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