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G. S. AHLUWALIA
KESHAV S/o DEENA NATH DUBEY – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent
ORDER : – This petition under Article 226 of the Constitution of India has been filed seeking following relief : –
“(i) That, the departmental enquiry taken on issuing the charge-sheet be kept in abeyance till the criminal trial is concluded. (ii) That, respondents may kindly be directed to take final decision on enquiry after trial is concluded. (iii) That, any other relief which this Hon’ble High Court may deem fit, with cost of the petition.”
2. It is submitted by the counsel for the petitioner that on 3-2-2022 a departmental charge-sheet has been issued on the allegations that the petitioner was keeping an evil eye on girls of Class 12th and he also tried to touch them on the pretext of correcting their chunni. Accordingly, it is alleged that the charge levelled against the petitioner amounts to serious misconduct within the definition of Rule 3(1)(2)(3) and Rule 23 of Madhya Pradesh Civil Services (Conduct) Rules, 1965 and is punishable under Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966.
3. This petition has been filed mainly on the ground that a criminal charge-sheet has also been filed against the petitioner and criminal trial is pending in
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....
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, ....
Departmental inquiries and criminal trials can proceed simultaneously unless staying the inquiry is necessary to prevent prejudice in the criminal trial.
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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