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VIKAS BAHL
Ajay Kumar – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
Vikas Bahl, J.
This order will dispose of three writ petitions i.e., CWP-8208- 2024 filed by Ajay Kumar , CWP-28388-2018 filed by Rakesh Kumar and CWP-15001-2021 filed by Devender Kumar as common issue(s) of facts and law arise in all the said cases.
2. The primary issue which arises for consideration in all the above-said writ petitions is as to “whether the regular departmental proceedings are required to be stayed or the examination of the common witnesses is required to be deferred till the culmination of the criminal proceedings or till the said common witnesses are examined in the criminal proceedings, which criminal proceedings as per the case of the petitioners, relate to the same incident, on account of which departmental proceedings have been initiated against the petitioners, in the facts and circumstances of the individual cases”. The only prayer pressed by counsel appearing in all the writ petitions is for staying the examination of the common witnesses in the departmental proceedings till the said witnesses are examined in the criminal proceedings. The common argument raised by the counsel for the petitioners is that there are common witnesses in the departmen
Departmental and criminal proceedings can proceed simultaneously; staying one depends on showing potential prejudice, which was not established in this case.
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 proceed....
Departmental proceedings can continue alongside criminal trials unless complicated legal questions arise, justifying a stay.
Departmental proceedings can continue alongside criminal trials unless complicated legal questions arise; mere overlap of facts does not warrant a stay.
Departmental inquiries and criminal trials can proceed simultaneously unless staying the inquiry is necessary to prevent prejudice in the criminal trial.
Departmental proceedings can proceed simultaneously with criminal trials, as they serve distinct purposes and have different standards of proof.
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