IMPORTANT POINT
Departmental disciplinary proceedings can proceed concurrently with criminal cases, as they are distinct processes with different standards of proof.

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 the learned Additional Chief Judicial Magistrate, Durgapur, State of West Bengal.

5. Pursuant to criminal case, the departmental disciplinary proceedings was initiated against the appellant and admittedly, a charge sheet was issued by the Assistant Security Commissioner, who is the Disciplinary Authority. The charge framed against the appellant is as under:-

“He was permitted to avail 40 days LAP from 13.11.2019 to 22.12.2019. While on leave, at about 13.35 hrs on 10.12.2019, he was arrested for a criminal offence by Durgapur Women Police Station, Asansol Durgapur Police Commissionerate, West Bengal in Station Crime No.57/19 dated 07.11.2019 and subsequently sent to judicial custody at Durgapur Correctional home by Hon'ble ACJM, Durgapur Court on 11.12.2019.

By the aforesaid act, he has tarnished the image of the force and thereby brought discredit to the reputation of the Force.

Thus has contravened Rule 146.1, 146.4, 147(ii) of RPF Rules 1987 and Rule 3(1)(iii) of Railway Services Conduct Rules, 1966.”

6. The chargesheet contains statement of allegation on the basis of which the charge is framed against the appellant. The list of documents are also provided. The chargesheet indicates that the list of witnesses to be examined. Thus, we do not find any infirmity in respect of the chargesheet issued against the appellant.

7. The learned counsel for the appellant Ms.D.Geetha would submit that mere registration of FIR would not provide a cause for institution of departmental disciplinary proceedings against the appellant. The Disciplinary Authority may not be in a position to establish any misconduct, since the criminal case trial is pending before the Competent Criminal Court of Law. The Department ought to have awaited for the outcome of the criminal case, which is pending, but hurriedly, they have instituted the departmental disciplinary proceedings against the appellant, which is untenable.

8. In support of the above contention, Ms.D.Geetha for the appellant, would rely on the judgment of the Aurangabad Bench of Bombay High Court in WP No.1644 of 2014 dated 05.08.2016, wherein in paragraph-23, the following observations are made:-

“23. The petitioner cannot be held to have brought C.R.P.F. in disrepute only on the basis of registration of an offence against him. Possibility of filing a false case against any person cannot be ruled out. Unless there is some more evidence, on the basis of which a prudent man can form an opinion, as about involvement of the person concerned in the crime registered against him, he cannot be held guilty for the offences alleged against him in the crime concerned. We have discussed here-in-before that no such evidence was brought on record in the proceedings of enquiry. Arrest of the petitioner in the crime registered against him