Departmental inquiries can proceed alongside criminal proceedings without legal prejudice, reinforcing the importance of timely resolutions in both contexts.

ORDER

Per: - Rajinder Singh Dogra, Judicial Member

1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -

a) “Quash impugned Govt. Order No. 12-JK(MNG) of 2023 dated 13.04.2023 issued by respondent No. 1 whereby respondent No. 2 is appointed as inquiry officer with respect to conduct regular departmental inquiry against the applicant to enquire into the charges framed against the applicant.

b) Direct the respondents to put on hold the initiation of departmental enquiry order to be initiated against applicant vide Order dated 13.04.2023 till the criminal investigation based upon same facts and evidence is brought to its logical conclusion.

c) Any other relief which the Hon'ble Tribunal may deem fit and appropriate in the facts and circumstances of the case.”

2. The facts of the case as averred by the applicant in his pleadings, are as follows: -

a) The applicant is serving on substantive basis as a Drilling Engineer in the Department of Geology and Mining, Government of Jammu & Kashmir. An FIR No. 0004/2021 dated 12.01.2021 was registered by the Crime Branch, Jammu against the applicant and one Rohan Nanda, Cashier (now deceased). The FIR was lodged on a complaint filed by Mr. Shiban Lal Bhat, Drill Operator Grade-II, alleging that an amount sanctioned towards his G.P. Fund in February 2020 had not been credited into his bank account.

b) It is stated that an amount of ₹17.00 lakhs sanctioned to the complainant on 14.03.2020 was shown as released on 19.03.2020, but upon verification from the Treasury, the complainant learnt that the amount was credited to the account of the Drawing & Disbursing Officer (DDO) instead of his own. On these allegations, an Inquiry Committee was constituted by the Director on 17.07.2020. The Committee reportedly unearthed serious fraud and financial embezzlement to the tune of ₹33,03,447/-, pertaining to G.P.

Fund withdrawals of several employees which, according to the report, were withdrawn but not disbursed to the concerned beneficiaries. The Committee held responsible the then Cashier, late Sh. Rohan Nanda, and the applicant in his capacity as DDO. The omissions were stated to attract offences under Sections 409, 420, 120-B IPC read with Section 13 of the Prevention of Corruption Act.

c) After more than two years of registration of the FIR, respondent No. 1 issued to the applicant a Memorandum No. GM-Admn/7/2022-04 dated 27.03.2023, containing Article of Charges and Statement of Imputations, calling upon him to submit his written statement of defence within 15 days. The memorandum alleges that the applicant, being the Drawing and Disbursing Officer, committed serious fraud, financial irregularities, and gross misconduct by not ensuring transfer of G.P. Fund amounts directly to eligible beneficiaries and by allowing the funds to remain withheld for an unreasonable period.

d) The applicant submitted his written statement of defence on 05.04.2023 (36 leaves), wherein he denied the allegations and specifically pleaded that since the Crime Branch was already investigating the same set of allegations based on identical facts and evidence, the departmental enquiry ought to be kept in abeyance till conclusion of criminal proceedings.

e) Without accepting the plea of the applicant, respondent No. 1 issued the impugned order dated 13.04.2023, appointing re