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SIDDHARTHA VARMA
Indreshpal Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Siddhartha Varma, J.
The petitioners have challenged the departmental charge-sheet dated 27.11.2021 on the ground that the charges in the departmental proceedings were the same to the charges which were framed in the criminal case which arose from case crime No. 121 of 2021, under Section 384/211 I.P.C. alongwith the added Sections 120-B, 167, 211, 323, 342, 379, 504 and 506 I.P.C. and 7/13 Prevention of Corruption Act, Police Station Kotwali Dehat, District Etah.
2. Learned counsel for the petitioners relying upon the judgments of the Apex Court in the cases of Capt. M. Paul Anthony v. Bharat Coal Mines Ltd., AIR 1999 SC 1416 and State Bank of India and others v. R.B. Sharma, (2004) 7 SCC 27, submitted that simultaneously both criminal and civil proceedings against them could not be undergone. Learned counsel for the petitioners also relied upon a decision of this Court in Dhirendra Kumar Tiwari v. State of U.P. and others passed in Civil Miscellaneous Writ Petition No. 2705 Of 2012 decided on 16.1.2012 in which following observations have been made :
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....
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....
Departmental inquiries and criminal trials may proceed simultaneously without prejudice unless grave issues are involved; the standard of proof differs significantly between the two contexts.
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