Departmental inquiries can proceed simultaneously with criminal trials unless the charges are grave and involve complex questions of law and fact; the standard of evidence differs significantly between the two processes.

JUDGMENT :

AJAY BHANOT, J.

1. The judgement is being structured in the following conceptual framework to facilitate the discussion:

I. Introduction

2. The petitioner has assailed the order of suspension dated 19.12.2024 as well as the disciplinary proceedings initiated against him by the respondent authorities.

II. Facts

3. The petitioner is working as Assistant-Grade III in India Government Mint, NOIDA. According to the respondents the petitioner was caught while attempting to steal 13 coins of Rs. 20 denomination on 19.12.2024 by the security personnel of the CISF who was on duty at the relevant point in time. For the aforesaid act of attempted theft an FIR was lodged by one Harpal Singh, Assistant Sub Inspector, CISF which came to be registered as Case Crime No. 0561 of 2024 at Police Station- Phase I, NOIDA on 20.12.2024 at 2.02 AM.

4. The investigation has concluded and the chargesheet has been filed before the trial court on 27.12.2024. The prosecution witnesses as depicted in the chargesheet are as under:

“1. Harpal Singh

2. Barun Bharti

3. Pankaj Saini

4. Pradeep Kumar Gautam”

5. The authorities of the India Government Mint have also initiated a departmental enquiry into the act of theft committed by the petitioner. The petitioner has assailed the said enquiry proceedings. The departmental enquiry proceedings were initiated against the petitioner by drawing up a chargesheet on 03.12.2024. The article of charge as depicted in the chargesheet is extracted hereunder:

“Statement of Article of Charge framed against Sh. Anand Kumar, Operator, Level-W4 (U/s), India Government Mint, Noida Article I That the said Sh. Anand Kumar, Operator, Level-W4, SAP-279 (U/s), while working in the Counting Section of IGM Noida was caught red-handed at the time of frisking/searching by Shri Barun Bharti, the Security Personnel of CISF (No. 170709785, Constable/GD) deployed at the Technical Lobby Gate (hard security area) in the evening around 6:14 P.M. on 19.12.2024 in the act of attempt to steal out 13 nos. of coins of Rs. 20 denominations holding in his left fist. The details of the episode are set out in the Statement of Imputations attached as Annexure II.

By doing the above act, Shri Anand Kumar, Operator, Level-W4 (SAP-279) has failed to comply with the directives mentioned in Rules-4 (1)- General of SPMCIL Conduct Discipline Appeal Rules 2020 under Sub Rule (i) which stipulates that every employee shall maintain absolute integrity, (iii) which stipulates that an employee should do nothing which is unbecoming of a public servant, (vi) which mandates an employee too maintain high ethical standards and honesty, (xviii) which says that an employee shall refrain from doing anything which is, or may be, contrary to any law, rules, regulations & established practices etc., (xxi) which stipulates that an employee shall conduct himself at all times in a manner conducive to the best interest of the company which will enhance the reputation of the company, (xxii) which mandates that an employee shall do noting which shall lower the image of the company.

The act/conduct of Shri Anand Kumar (SAP-279) tantamount to following misconduct under SPMCIL Conduct, Discipline