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MAHESH CHANDRA TRIPATHI
Bharar Lal – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
[Mahesh Chandra Tripathi, J.]
1. Heard Shri Vijay Gautam, learned Senior Advocate assisted by Ms. Atipriya Gautam for the petitioner and Shri Apurva Hajela, learned Standing Counsel for the respondents.
2. Petitioner, who is working as Constable (Civil Police) at Reserve Police Lines, Chitrakoot, has challenged the departmental proceedings initiated against him in pursuance of departmental charge-sheet dated 27.4.2020, on the ground that with identical charge and on the basis of same evidence the First Information Report was lodged against him on 8.6.2018 and the same was registered as Case Crime No. 53/2018 under Section 302 IPC, Police Station Kotwali Nagar, District Hamirpur. It is contended that since the allegations are identical and the basis to proceed both departmentally and in criminal trial are same, therefore, prejudice would be caused to the petitioner in case disciplinary proceedings and criminal trial are allowed to go on simultaneously. Reliance is placed upon a judgment of the Apex Court in Capt. M. Paul Anthony v. Bharat Coal Mines Ltd., AIR 1999 SC 1416, as well as State Bank of India and others v. R.B. Sharma, (2004) 7 SCC 27. Reliance is also placed up
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 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....
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....
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