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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VIVEK JAIN
Pradeep Yadav – Appellant
Versus
State Of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. overview of the charges against petitioner (Para 1 , 2 , 3 , 4) |
| 2. principles on simultaneous departmental and criminal proceedings (Para 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 3. court direction on departmental enquiry pending criminal trial (Para 12 , 13 , 14) |
ORDER :
VIVEK JAIN, J.
By way of this petition, the petitioner has put to challenge the departmental enquiry and charge-sheet issued by the department because on the same set of allegations a criminal case is also registered against the petitioner.
2. An FIR has been registered against the petitioner under Section 7 of the Prevention of Corruption Act on the allegations that the petitioner demanded bribe of Rs. 75,000/- from the complainant and upon negotiation the bribe was reduced to Rs. 50,000/- The petitioner thereafter, got a tip of a trap was being laid against him and therefore, delivery/acceptance of bribe could not take place.
3. In the charge sheet issued by the department, it is alleged against the petitioner who is posted as Head Constable in the M.P. Police, that heentered into telephonic conversation with the complainant and he exhibited an suspicious and unlawful conduct in the matter of said conversatio
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.
Departmental inquiries and criminal trials may occur simultaneously; overlapping charges allow for departmental proceedings to continue based on a preponderance of probabilities, unlike criminal tria....
Departmental enquiries can proceed simultaneously with criminal trials unless they unduly prejudice the defense, emphasizing the need for prompt disciplinary action.
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 when the charges in the criminal case and departmental proceeding are similar, the evidence and witnesses are common, and the departmental pro....
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