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VIKAS BAHL
Sunny Verma – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Vikas Bahl, J. (Oral)
CM-9591-CWP-2024
This is an application filed under Section 151 of CPC for revival of the main petition.
2. Learned counsel for the applicant-petitioner has submitted that the earlier counsel did not appear in the matter and the matter was disposed of in his absence. It is further submitted that the petitioner, after having knowledge of the said order passed, had engaged the present counsel and has prayed that the order dated 02.04.2024 be recalled and the main case be reheard.
3. In view of the request made by learned counsel for the applicant-petitioner, the present application is allowed and the order dated 02.04.2024 is recalled and the main case is taken up on Board today for final disposal.
Main case
4. Present Civil Writ Petition has been filed under Article 226/227 of the Constitution of India praying for issuance of a writ, order or direction restraining the respondents to continue with departmental inquiry by order No. 17128-34, dated 17.06.2019 (Annexure P-3) during the pendency of the criminal trial in case FIR No. 211 dated 13.06.2019 registered under Sections 376 of the Indian Penal Code, Section 3(1) (w) (xii) and 3 (2) (v) S.C/S.T. Act, 1
The court ruled that a departmental inquiry can proceed even if there are common witnesses with a pending criminal trial, provided all witnesses have been examined.
Departmental proceedings can proceed simultaneously with criminal trials, as they serve distinct purposes and have different standards of proof.
Departmental and criminal proceedings can proceed simultaneously; staying one depends on showing potential prejudice, which was not established in this case.
Police Standing Order, which is a special rule, which deals with the power of the authorities to postpone the decision on the departmental inquiry till pronouncement of judgment in the criminal 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 inquiries and criminal trials can proceed simultaneously unless staying the inquiry is necessary to prevent prejudice in the criminal trial.
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