Disciplinary proceedings can continue simultaneously with criminal proceedings if based on similar allegations, without violating justice principles.

COMMON ORDER

(Pronounced by Hon'ble Dr. Lata Baswaraj Patne, Member(J))

Since the relief sought and the question of law involved in all the three OAs is similar, all the OAs were heard together with the consent of counsel for both sides and upon hearing, this common order is being passed.

2. The relief sought in three OAs is as follows:

OA 686/2022:

“It is therefore prayed that this Hon‟ble Court may be pleased to declare the notice vide C. No. S/68/Misc/01/2021-ICD, dated 19.09.2022 proposing to conduct departmental enquiry contrary to the findings of this Hon‟ble Court in O.A. No. 811/2021 dated 16.02.2022 as illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of India and consequently set aside the same and pass such other order or orders as deemed fit and proper in the interest of justice.”

OA 707/2022:

“In view of the facts stated above, the Applicant humbly pray that this Hon‟ble Tribunal may be pleased to call for the records pertaining to Memorandum C.No.II/10-A/01/2021-CIU dated 02.02.2021 and letter issued vide C.No.S/68/Misc/03/2021-ICD, dated 11.10.2022 by the Inquiry Officer; and declare the action of the respondents in proceeding with the disciplinary inquiry vide the said notice dated 11.10.2022 in pursuance of the said memorandum dated 02.02.2021 as illegal, arbitrary and is in violation of the law, and set aside the said notice dated 11.10.2022, with a direction to keep the Charge Memorandum in abeyance till criminal trial is completed and pass such other order or orders as deemed fit and proper in the interest of justice.”

OA 210/2023:

“In view of the facts stated above, the Applicant humbly pray that this Hon‟ble Tribunal may be pleased to call for the records pertaining to letter C.No.S/68/Misc/02/2021-ICD, dated 20.03.2023; and declare the action of the respondents in proceeding with the disciplinary inquiry vide the said notice dated 20.03.2023 in pursuance of the said memorandum C.No.II/10-A/02/2018- CIU(MED) dated 05.03.2021 as illegal, arbitrary and is in violation of the law, and set aside the said notice dated 20.03.2023, with other consequential proceedings, if any, insisting the applicant to attend the disciplinary inquiry; and direct the respondents to keep the Charge Memorandum in abeyance till criminal trial is completed and pass such other order or orders as deemed fit and proper in the interest of justice.”

3. Brief facts of the case in OA 686/2022 are as follows:

(i) The applicant joined the respondent’s organization in 1995 as Inspector and was subsequently promoted as Superintendent in 2009. The CBI had registered a criminal case against the applicant for allegedly indulging in corrupt practices and collecting illegal gratification. As per the CBI charge sheet, the applicant and his team of Anti-Evasion visited the premises by name M/s. K.M. Plastics on 1.3.2017 and conducted inspection at the factory under panchanama. The allegation made against the applicant was that he had demanded a bribe amount from the proprietor of M/s. K.M. Plastics and that he wanted the bribe amount to be delivered at the office of the applicant on 7.3.2017. CBI deputed a team officers along with two witnesses for conducting surveillance at Central Excise, Basheerbagh on 7.3.2017. The proprietor of K.M. Plastics had visited the Central Excise office at Basheerbagh and