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VIKAS BAHL
Mustaq – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Vikas Bahl, J. (Oral)
Present order shall dispose of a bunch of 35 writ petitions as common issue(s) of facts and law arise in all the said cases.
2. This judgment has been divided into the following sections: -
| 1. | Issue to be determined and the common argument of all the learned counsel for the petitioners. | Para 3 Page 8 |
| 2. | Relevant judgments on the issue in question | Para 5 Page 9 |
| 2(i) | Para No. 22 of 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 | Para 5 Page 10 |
| 2(ii) | Relevant portion of the judgment of the Hon'ble Supreme Court in "Indian Overseas Bank, Anna Salai and Anr. v. P.Ganesan and others", reported as 2008(1) SCC 650 | Para 6 Page 12 |
| 2(iii) | Relevant portion of the judgment of the Hon'ble Supreme Court in "Kendriya Vidyalaya Sangathan & Ors. v. T.Srinivas", reported as 2004(7) SCC 442 | Para 7 Page 15 |
| 2(iv) | Relevant portion of the judgment of the Hon'ble Supreme Court in "State Bank of India and Ors. v. Neelam Nag and Anr., reported as 2016(9) SCC 491 | Para 8 Page 17 |
| 2(v) | Relevant portion of t | |
Departmental proceedings can continue alongside criminal trials unless complicated legal questions arise, justifying a stay.
Departmental and criminal proceedings can proceed simultaneously; staying one depends on showing potential prejudice, which was not established in this case.
Departmental proceedings can continue alongside criminal trials unless complicated legal questions arise; mere overlap of facts does not warrant a stay.
Departmental proceedings can proceed simultaneously with criminal trials, as they serve distinct purposes and have different standards of proof.
The main legal point established in the judgment is that the grant or decline of stay on departmental proceedings depends on the facts of the case, and there is no straight jacket formula for such de....
The main legal point established in the judgment is that when the charges in the criminal case and departmental proceeding are similar, the evidence and witnesses are common, and the departmental pro....
Departmental inquiries and criminal trials can proceed simultaneously unless staying the inquiry is necessary to prevent prejudice in the criminal trial.
The Tribunal concluded that simultaneous criminal and departmental proceedings can proceed only if they do not prejudice the applicant's defense, deferring the latter pending the conclusion of the fo....
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