The court can stay the departmental enquiry for a period of one year if the criminal charge against the employee is grave and continuation of the departmental enquiry is likely to prejudice the defense before the criminal court.

JUDGMENT :

Vishal Mishra, J.

With the consent of learned counsel for the parties, the matter is finally heard.

1. The present petition is being filed by the petitioner seeking following reliefs:

"(i) This Hon'ble Court may kindly be pleased to stay the further proceedings of the Departmental Enquiry pending against the petitioner before the City Superintendent of Police Vidisha till the final decision in the criminal case pending against the petitioner before the Judicial Magistrate First Class Bhopal.

(i) Any other relief deemed fit be also granted.

(ii) Cost of the petition."

2. The writ petition has been filed by the petitioner mainly on the ground that the criminal trial and departmental enquiry on the same issue cannot proceed. Against the petitioner the challan has been filed alleging commission of offence under section 376 (2) (N) of IPC and sections 3 (2) (v), 3 (1) (w) (iii) of Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act, 1989 and the departmental enquiry has also been initiated against him by serving the charge sheet dated 5.10.2019 (Annexure P/3).

3. Learned counsel appearing for the petitioner submits that the criminal trial and the departmental enquiry are on the same issue and if the departmental enquiry proceeds before conclusion of the criminal trial, then the petitioner's defence in the criminal trial will be prejudiced. In support of his prayer for staying the departmental enquiry he has placed reliance upon the order of this Court in the case of Anil Tyagi Vs. State of M.P. and another (W.P. No. 619/2018 decided on 24.4.2018).

4. Per Contra counsel for the State has opposed the petition stating that the conclusion of the criminal trial will take time and the departmental enquiry proceedings cannot be stayed for the indefinite period and even in the case of Anil Tyagi (supra) the stay was only for a period of one year. He has opposed the prayer for staying the departmental enquiry pending the criminal proceedings.

5. Heard the learned counsel for the parties.

6. From perusal of the record, it is seen that the allegation against the petitioner in the pending criminal trial is that the complainant made a complaint against the petitioner who was posted in Police Chowki Atarikhejda, Police Station Gyaraspur that the petitioner maintained illicit relationship with her on the false promise that he will marry her and thereafter he stealthily performed his marriage with another girl. In the departmental enquiry the charge of the petitioner is the same that when he was posted in Police Chowki Atarikhejda, Police Station Gyaraspur, the complainant made a complaint that the petitioner maintained illicit relationship with her on the false promise that he will marry her and thereafter he stealthily performed his marriage with another girl. Thus, the petitioner has committed serious misconduct. Accordingly the act of the petitioner is contrary to the Rule 3 (1) (iii) of Madhya Pradesh Civil Services (Conduct) Rules, 1965 and Regulation 64 (3) of Madhya Pradesh Police Regulation. The charge sheet as well as the allegation in the criminal case reveal that the petitioner is facing the departmental enquiry for the same charge for which he is prosecuted in the criminal case. In the matter of Anil Tyagi (supra) this court after considering the legal position had stayed the departmental enquiry proceedings for one year by observing as under:-

"The Supreme Court in the matter of State Bank of India and others Vs. Neelam Nag and another reported in (2016) 9 SCC 491 while taking note of the earlier judgment on the point, has held that though there is no legal bar for holding the departmental proceedings and criminal trial simultaneously but if the criminal charge against the employee is grave and continuation of the Departmental Enquiry is likely to prejudice his defence before the criminal court, then the departmental proceedings can be stayed, however such proceedings cannot be stayed for the indefinite period. In that cas