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G. S. AHLUWALIA
Om Shankar Soni – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
This petition, under Article 226 of the Constitution of India, has been filed seeking following relief(s):-
(ii) That, the respondents be further directed not to proceed with the departmental enquiry in view of charge sheet Annexure - P/1, which is contrary to the service jeopardize and contrary to the provisions of Article 20(2) of Constitution of India, and the same is amounting to double jeopardize.
(iii) Cost of the petition be awarded or any other order or direction deemed fit in the circumstances of the case be issued in the favour of the petitioner.
2. The solitary contention of counsel for the petitioner is that on the similar allegations, the petitioner is facing criminal trial and therefore departmental enquiry should not be allowed to continue.
3. This Court, by interim order dated 26.07.2021, had directed that "Till the next date of hearing, respondents are permitted to proceed with departmental enquiry but they are restraine
Departmental enquiries can proceed simultaneously with criminal trials unless they unduly prejudice the defense, emphasizing the need for prompt disciplinary action.
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 and criminal proceedings can proceed simultaneously without a stay unless there are complex legal questions or substantial prejudice demonstrated.
Departmental inquiries and criminal trials can proceed simultaneously unless staying the inquiry is necessary to prevent prejudice in the criminal trial.
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.
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....
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