ORDER

This Writ Petition is filed to direct the second respondent to defer the departmental proceedings initiated by him, vide proceedings in P.R.No.127/2020, dated 16.12.2020 till the conclusion of the pending criminal trial in Special S.C.No.2 of 2018, on the file of the Special Court for Prevention of Corruption Act, Madurai.

2.Mr.C.Ramesh, learned Special Government Pleader takes notice on behalf of the respondents. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3. According to the petitioner, while he was working as Sub Inspector of Police in Kadupatti Police Station, he registered a case, against one Kumaravel based on the complaint given by one Vimala @ Jayasubha, who is the sister-in-law of one Selvendran, in Cr.No.69 of

2017 and also registered a case in Cr.No.131 of 2017, on the file of the Kadupatti Police Station against one Selvendran, his co-brother and his brother's wife namely Vimala, who is the defacto complainant in Cr.No.69 of 2017. The said Selvendran gave a complaint, dated 29.05.2017 to the Inspector of Police, Vigilance and Anticorruption, Madurai, against the petitioner alleging that on 29.05.2017, the petitioner demanded Rs.30,000/- for deleting the names of his two brothers and his sister-in-law from the case in Cr.No.131 of 2017, registered against Selvendran and others. The petitioner subsequently reduced the amount to Rs.15,000/-. Based on the complaint, a case in Cr.No.5 of 2017 was registered against the petitioner under Section 7 of Prevention of Corruption Act, 1988. Therefore, the petitioner was arrested and the case was handed over to Tmt.Suriyakala, for further proceedings. In spite of the case handed over to Tmt.Suriyakala for further proceedings, a criminal case was taken on file in Special S.C.No. 2 of 2018, on the file of the Special Court for Prevention of Corruption Act, Madurai. After four years of registering the criminal case, the first respondent issued a charge memo, dated 16.12.2020. The petitioner submitted an explanation on 21.03.2021 for the charges levelled against him stating that both the criminal case and the departmental proceedings are one and the same and the same set of facts and most of the witnesses are common. The said Selvendran is Star witness in the criminal case and he was cited as witness No.1 in the disciplinary proceedings. Hence, the petitioner has come out with the present writ petition to defer the departmental proceedings initiated on 16.12.2020 till the conclusion of the criminal case in Special S.C.No.2 of 2018, pending on the file of the Special Court for Prevention of Corruption Act, Madurai.

4. The learned counsel appearing for the petitioner submitted that criminal case was posted for trial on 20.04.2021 and subsequently, it was adjourned to 05.06.2021 for further examination of P.W.16. If the departmental enquiry is proceeded with, the petitioner will be forced to disclose his defence in the criminal case and it will prejudice his defence in the criminal case. He relied on the judgment of the Hon'ble Apex Court in State Bank of India & Others vs. Neelam Nag reported in 2016(9) SCC 491. The relevant portions of the said judgment is extracted hereunder:-

“21. Accordingly, we exercise discretion in favour of the respondent of staying the ongoing disciplinary proceedings until the closure of recording of evidence of prosecution witnesses cited in the criminal trial, as directed by the Division Bench of the High Court and do not consider it fit to vacate that arrangement straightway. Instead, in our opinion, interests of justice would be sufficiently served by directing the criminal case pending against the respondent to be decided expeditiously but not later than one year from the date of this order. The Trial Court shall take effective steps to ensure that the witnesses are served, appear and are examined on day-to- day basis. In case any adjournment becomes inevitable, it should not be for