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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKAS BAHL
Roshan Lal – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Vikas Bahl, J.
This order will dispose of two writ petitions i.e. CWP-9486- 2024 filed by Roshan Lal and CWP-12753-2023 filed by Sukhbir as common questions of law and facts arise in both the cases.
2. Challenge in the writ petition bearing No.CWP-9486-2024 is to the order dated 30.03.2024 (Annexure P-2) passed by respondent No.3 vide which regular departmental inquiry has been initiated against the petitioner during the pendency of trial in FIR No.59 dated 22.03.2024 registered under Section 7 of the Prevention of Corruption Act, 1988 at Police Station Saha, District Ambala. Prayer in writ petition bearing No.CWP-12753-2023 is for issuance of a writ in the nature of mandamus directing the respondents not to take any further action on the departmental proceedings/enquiry/charge sheet dated 30.11.2022 (Annexure P-7A) initiated against the petitioner till the pendency of the criminal trial arising out of FIR No.523 dated 10.10.2022 registered under Sections 420, 467, 468, 471 of IPC at Police Station Baldev Nagar, District Ambala.
3. Learned counsel for the petitioners in both the writ petitions have submitted that there are common witnesses in the departmental proceedings and
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 continue alongside criminal trials unless complicated legal questions arise, justifying a stay.
Departmental proceedings can proceed simultaneously with criminal trials, as they serve distinct purposes and have different standards of proof.
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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