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VIKAS BAHL
Sahab Singh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Vikas Bahl, J. (Oral)
Present writ petition has been filed under Article 226/227 of the Constitution of India for the issuance of a writ in the nature of certiorari for quashing of the impugned order dated 03.03.2023 (Annexure P-2) and substance of allegation dated 12.04.2023 (Annexure P-3), vide which departmental inquiry has been initiated against the petitioner. Further, prayer has been made for the issuance of a writ in the nature of mandamus directing respondents No.3 and 4 not to take any further action on the departmental proceedings/inquiry till the pendency of the criminal trial arising out of FIR No.5 dated 01.03.2023 (Annexure P-1), under Section 7 of the Prevention of Corruption Act, registered at Police Station Vigilance Bureau, Ambala, Haryana.
2. Brief facts of the case, as emanates from the averments made in the present writ petition and documents annexed with the petition, are that the petitioner was posted as Sub Inspector at Police Post Shahabad, Kurukshetra and a complaint was filed by one Kuldeep Singh, son of Surjit Singh, resident of Rawa, District Kurukshetra, stating that he had taken the Knight Rider Hotel, Barara Road, Shahabad Markanda on rent in
Departmental proceedings can continue alongside criminal trials unless complicated legal questions arise; mere overlap of facts does not warrant 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, justifying a stay.
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....
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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