MANJU RANI CHAUHAN
Sonu Bharti – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Mr. Pravin Kumar Tiwari, learned counsel for the petitioner and Mr. Pranav Ojha, learned Standing Counsel for the State-respondents.
2. This writ petition has been filed interalia for the following reliefs:-
(B) issue a writ, order or direction in the nature of mandamus directing the respondents to stay the further departmental disciplinary proceedings initiated against the petitioner in pursuance of the departmental charge sheet dated 12.01.2022."
3. Brief background of the case as is reflected that the petitioner was posted as Constable at Police Chauki-Mehrauli, P.S.-Lar, District-Deoria. First Information Report was lodged on 13.05.2020 against the petitioner and three others, under Sections 389 & 120B IPC and Section 7 of the Prevention of Corruption Act, 1988 and the same was registered as Case Crime No.101 of 2020 at P.S. Lar, District-Deoria with the allegations that the petitioner along with oth
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Point of Law : Arguments advanced are clearly devoid of substance, as in present case, at no point of time any departmental enquiry has been held in the past, wherein petitioner has been exonerated, ....
Simultaneous departmental and criminal proceedings can proceed if based on identical or similar facts, but potential prejudice to the delinquent must be considered.
In the disciplinary proceedings, the rule of the preponderance of probabilities is applied whereas, in the criminal proceeding, the principle of strict standard of proof beyond a reasonable doubt is ....
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; mere overlap of facts does not warrant a stay.
The main legal point established in the judgment is that departmental proceedings can be conducted simultaneously with criminal trials, except in cases where the defence of the employee in the crimin....
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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