The main legal point established in the judgment is that the departmental proceedings and criminal trial can proceed simultaneously, unless there are specific reasons to stay the departmental proceedings.

JUDGMENT :

VIKAS BAHL, J.

1. This is a Civil Writ Petition filed under Article 226 of the Constitution of India for the issuance of a writ in the nature of certiorari for quashing the order dated 14.06.2017 (Annexure P-2) vide which a regular departmental enquiry has been ordered. Prayer has also been made to quash the list of allegations dated 30.06.2017 (Annexure P-6) issued to the petitioner in the departmental proceedings. Further prayer has been made for the issuance of a writ in the nature of mandamus directing the respondents to keep the departmental enquiry proceedings in abeyance till the conclusion of the criminal trial in FIR No.279 dated 13.06.2017 (Annexure P-1).

2. Brief facts of the present case are that the petitioner had joined the services in Haryana Police as Constable on 05.08.1992 and in the year 2014, he was working as EASI (Exempted Assistant Sub Inspector). On 08.09.2016, the petitioner was posted as Incharge of Judicial Malkhana, Ambala when FIR No.279 dated 13.06.2017 under Sections 120-B and 409 of IPC was registered on the complaint of SI Sushil Kumar against the present petitioner and Head Constable-Gurdeep Singh on the allegations that the petitioner and Head Constable-Gurdeep Singh, while being posted at Judicial Malkhana, had embezzled an amount of Rs.13,08,613/- as per the register available in the Malkhana from various cash heads of different Police Stations situated in District Ambala. Charge sheet dated 04.12.2017 (Annexure P-5) was framed against the petitioner and the said Gurdeep Singh in the criminal trial in which the charges against the petitioner and said Gurdeep Singh were that they had hatched a criminal conspiracy to cheat the Government/Police Department by embezzling an amount of Rs.13,08,613/- and thus, had committed the offence under Section 120-B of IPC. It was further alleged that the petitioner along with the said Gurdeep Singh was entrusted with cash amount of Rs.13,08,613/- in the Malkhana and the same had been misappropriated by them and thus, the offence under Section 409 of IPC was committed by them. Charges under Sections 201, 467, 471 and 420 of IPC were also framed against the petitioner and the said Gurdeep Singh. Vide order dated 14.06.2017 (Annexure P-2), the Superintendent of Police, Ambala, suspended the petitioner and Gurdeep Singh and ordered regular departmental inquiry against them and the same was entrusted to Mr. Anil Kumar, DSP/Barara, who was directed to complete the departmental enquiry by holding day to day proceedings. The list of allegations dated 30.06.2017 (Annexure P-6) was issued by the Inquiry Officer i.e., Deputy Superintendent of Police, Ambala Cantt in the departmental proceedings in which, it was alleged that the petitioner along with Gurdeep Singh, has misappropriated an amount of Rs.13,08,613/- while being posted at Judicial Malkhana. In the criminal case, out of 15 witnesses, two witnesses have been examined whereas on account of the stay order passed by a Coordinate Bench of this Court vide order dated 19.04.2018, no further proceedings have taken place in the departmental proceedings.

3. Learned counsel for the petitioner has submitted that in the present case, there are four common witnesses and has prayed that till the time the said four common witnesses are not examined in the criminal case, the departmental proceedings be kept in abeyance inasmuch as in case the said witnesses are examined in the departmental proceedings then the defence of the petitioner would be disclosed while cross-examining the said witnesses in the departmental proceedings. In support of his arguments, learned counsel for the petitioner has relied upon a judgment of the Hon’ble Supreme Court in case titled as “Capt. M. Paul Anthony Vs. Bharat Gold Mines Ltd.”, reported as 1999(3) SCC 679.

4. Learned counsel for the petitioner has further pointed out that the four common witnesses are SI Sushil Kumar, ASI Sanjay Kumar, ASI Dharampal and Sena Clerk, Office of Superin