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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
SANJEEV SACHDEVA, VINAY SARAF
Kunuru Sharath – Appellant
Versus
Union of India – Respondent
ORDER :
1. Petitioner impugns order dated 28.01.2025 whereby interim relief sought for by petitioner has been declined.
2. Petitioner is a Technical Assistant in respondent No.2 organization. On a complaint made by another employee of the same organization, an FIR has been registered against petitioner under Sections 376 (2)(n), 345, 506, 294 of IPC on 30.04.2024. On 21.08.2024, on identical set of facts, a charge memorandum was issued to the petitioner and subsequently, an enquiry under Rule 14 of the Central Civil Services (Classification, Control & Appeal) Rules, 1965 has been initiated against petitioner and an Inquiry Officer and Presenting Officer were appointed. Petitioner has filed the subject Original Application before the Central Administrative Tribunal (hereinafter referred to as the Tribunal) seeking quashing of the charge memorandum dated 21.08.2024 and all proceedings emanating therefrom on the ground that charges in the charge memorandum are identical to the allegations in the FIR lodged against the petitioner.
3. The Tribunal by its order dated 05.12.2024 declined to grant interim stay and thereafter list the matter on 17.01.2025 for consideration of the prayer for
Simultaneous departmental and criminal proceedings are permitted; however, the former should typically be stayed if both are based on identical facts to avoid prejudice to the accused's defense.
Departmental enquiries can proceed simultaneously with criminal trials unless they unduly prejudice the defense, emphasizing the need for prompt disciplinary action.
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....
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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