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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
ASHISH SHROTI
Upendra Singh Bhadoriya – Appellant
Versus
State Of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. background of disciplinary and criminal proceedings. (Para 2 , 3 , 4) |
| 2. respondent's opposition to staying proceedings. (Para 5) |
| 3. details of charges against the petitioner. (Para 7 , 8) |
| 4. simultaneous trials for departmental and criminal cases. (Para 9 , 11 , 12) |
| 5. charges differ; no stay warranted for enquiry. (Para 13 , 14) |
| 6. conclusion; petition dismissed. (Para 15) |
ASHISH SHROTI, J.
1. The petitioner has invoked Article 226 of Constitution of India by filing this petition praying for a direction to the respondents to keep the departmental enquiry in abeyance till the outcome of criminal case. He has also prayed for a direction to the respondents to allow him to work on his post as earlier to initiation of departmental proceedings.
2. The facts necessary for decision of this case are that the petitioner was working as Constable in D Company, 26 th Battalion, S.A.F. at Guna. A meeting was scheduled on 20.02.2025 to discuss the issue of management of the mess. The petitioner alongwith another Constable Surendra Singh Ahirwar remained absent in meeting. Their absence was recorded in Rojnamcha Sanha. On the next day i.e. on 21.02.2025, an information was rec
Departmental and criminal proceedings can proceed simultaneously without a stay unless there are complex legal questions or substantial prejudice demonstrated.
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 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 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 departmental proceedings can be conducted simultaneously with criminal trials, except in cases where the defence of the employee in the crimin....
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