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.

JUDGMENT

Dr. B.R. Sarangi, J. - Both the above noted writ petitions have been filed by Damodar Das. In W.P.(C) No.22946 of 2015 he sought the following reliefs:

'(i) Hold/declare that the opp. party No.3, Enquiry officer is conducting the Departmental Enquiry No.323 against the petitioner being preconceived and predetermined and thereby direct the opp. Party No.2 to change the Enquiry officer for fair enquiry;

(ii) Pass such other order(s) or issue direction(s) as may be deemed fit and proper in the bonafide interest of justice;'

Whereas W.P.(C) No.16373 of 2015 has been filed by him seeking following reliefs:

'(i) To quash the letter dtd.30.07.2015 under Annexure-14;

(ii) Hold/declare that continuation of Departmental Proceeding against the present petitioner during pendency of the criminal case instituted against the petitioner for the self same incident is bad, illegal and cannot be sustainable and/or maintainable in the eye of law.'

Since both the writ petitions have been filed by the selfsame petitioner and they have arisen out of the same occurrence, they have been heard together and are disposed of by this common judgment which will govern in both the cases.

2. The factual matrix of the case, in brief, is that the petitioner was working as constable in Railway Protection Force (RPF) at Rayagada. While he was so continuing, on 16.08.2013 at about 10.30 PM at Ladda Railway Station, there was theft of aluminum powder from a stabled rake of goods train, namely, 'VZP/BTAP'. On 17.08.2013, the local police caught hold of three accused persons with vehicle and recovered the materials, i.e., all stolen aluminum powder from their possession. Being informed about the theft, the R.P.F. officials on 17.08.2013 conducted raid over the Ladda Railway Station. The Inspector, R.P.F., Rayagada on 17.08.2013 drew and registered an F.I.R. bearing No. R.P.(UP) Case No.17 of 2013 under Section 3(a) of Railway Property (Unlawful Possession) Act, 1966 against unknown criminals and on the same day, he forwarded the case record to the learned S.D.J.M., Rayagada.

2.1. During enquiry of the aforesaid theft case, opposite party authorities came to know that one K. Ramanjaneyulu, Sub-Inspector, R.P.F. was in contact with some criminals and accused persons of the aforesaid theft case through his cell phone during and after the aforesaid crime. Since the said K. Ramanjaneyulu made call to the petitioner through his cell phone during night of the date of crime, the petitioner was implicated as an accused in the aforesaid R.P.(UP) Case No.17 of 2013, which was registered at RPF/Post/Rayagada. The inquiry officer, in the aforesaid case, vide letter dated 28.11.2013, submitted a report regarding involvement of the petitioner in the theft case while he was deployed for guarding duty at Ladda Railway Station. Basing on the confession statement of some of the accused persons and also on the call detail records of the accused persons and the petitioner revealed that many calls in between the petitioner and some of the accused persons and K. Ramanjaneyulu, Sub-Inspector in the night of 15th, 16th and 17th of August,2013 and thus prima facie his involvement was established in the preliminary enquiry. Consequentially, a criminal case bearing 2(C)CC Case No.504 of 2013, arising out of RP(UP) Case No.17 of 2013, was registered.

2.2 The petitioner filed BLAPL No.27429 of 2013 on 05.12.2013 before this Court, but the same was rejected on 24.04.2014. Thereafter, he surrendered before the learned S.D.J.M., Rayagada on 14.05.2014, on which date he was arrested and remanded to judicial custody up to 27.05.2014. Later, on 24.05.2014, he was released on bail by the learned S.D.J.M., Rayagada and after his release, PC/RPF/Rayagada directed him to SCNL/WAT for his daily attendance at Security Control/Waltair.

2.3 The petitioner was absconded from duty on 27.08.2013 and from 21.09.2013 to 08.01.2014 without any authority. Therefore, in the meantime he was placed under suspension on 2