Departmental proceedings can proceed simultaneously with criminal trials, as they serve distinct purposes and have different standards of proof.

JUDGMENT

Vikas Bahl, J. (Oral)

CM-9734-CWP-2024

This is an application under section 151 CPC to recall/ modify the order dated 14.05.2024 (Annexure A-1) passed by this Court in CWP- 11138-2024.

2. On 14.05.2024, in view of the judgment dated 10.04.2024 passed by this Court in CWP-5111-2024 titled as "Mustaq v. State of Haryana and others", this Court was not inclined to interfere in the matter as the issue raised in the present case was similar to the one raised in the said judgment and thus, the counsel appearing before this court instead of suffering an order of dismissal, chose to withdraw the writ petition. The said order dated 14.05.2024 is reproduced hereinbelow:-

"1. This is a Civil Writ Petition filed under Article 226/227 of the Constitution of India for the issuance of a writ in the nature of mandamus directing respondent Nos.3 and 4 not to examine the common witnesses in pursuance of impugned order dated 23.11.2023 (Annexure P-2).

2. Learned counsel for the petitioner seeks permission of this Court to withdraw the present writ petition.

3. In view of the above, the present Civil Writ Petition is dismissed as withdrawn."

3. Learned counsel for the applicant-petitioner has submitted that the case of the applicant-petitioner be decided on merits as the applicant-petitioner wishes to further challenge the said order by filing L.P.A.

4. Although the present application has been filed by a different counsel than the counsel who appeared on 14.05.2024 but in order to enable the applicant-petitioner to exercise his right of appeal, the application is allowed and the order dated 14.05.2024 is recalled and the main writ petition is ordered to be restored to its original number and is taken up today itself for hearing.

CWP-11138-2024

5. This is a Civil Writ Petition filed under Article 226/227 of the Constitution of India for the issuance of a writ in the nature of mandamus directing respondent Nos.3 and 4 not to examine the common witnesses in pursuance of impugned order dated 23.11.2023 (Annexure P-2) in the departmental proceedings/enquiry till the pendency of the criminal trial.

6. Learned counsel for the petitioner has submitted that there are common witnesses in the departmental proceedings and in the criminal proceedings and the said common witnesses should not be examined in the departmental proceedings till the time they are examined in the criminal proceedings as in case the said witnesses are examined in the departmental proceedings, then, the same would cause prejudice to the case of the petitioner in the criminal proceedings. In support of the said argument, learned counsel for the petitioner has relied upon the judgment of the Hon'ble Supreme Court in case titled as "Capt. M. Paul Anthony v. Bharat Gold Mines Ltd.", reported as 1999(3) SCC 679.

7. Before considering the facts of the present case, it would be relevant to note that this Court had after considering the same argument/issue as raised in the present writ petition, dismissed a bunch of writ petitions i.e. CWP-5111-2024 titled as Mustaq v. State of Haryana and others and other connected matters vide judgment dated 10.04.2024. Various judgments of the Hon'ble Supreme Court as well as of this Court were considered and the principles/conclusions which emerged from the said judgments were detailed in para 17 of the judgment dated 10.04.2024 of this Court. Para 17 of the said judgment is reproduced hereinbelow:-

"17. From the above said judgments, the following principles/conclusions emerge:-

1. Departmental proceedings and proceedings in a criminal case can proceed simultaneously as there is no bar in their being conducted simultaneously though separately. (Specific reference in this regard can be made to the judgment in case of Capt. M. Paul Anthony(supra) (relevant portion of which is reproduced in Para 5 of the present order) and State Bank of India and Ors.(supra) (relevant portion of which is reproduced in Para 8 of the present order)

2. The approach and object