W.P.(MD) No.10087 of 2019

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 11.02.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

W.P.(MD) No.10087 of 2019

and

W.M.P.(MD) No.7853 of 2019

Govindasamy

... Petitioner

-vs-

1.The District Collector,

Pudukkottai District,

Pudukkottai.

2.The District Revenue Officer,

Pudukkottai,

Pudukkottai District.

... Respondents

Petition filed under Article 226 of the Constitution of India

praying for issuance of Writ of Certiorari to call for the impugned

order passed by the 2^nd respondent in Rc.A3/17261/2018, dated

30.08.2018 and quash the same.

For Petitioner

: Mr.A.V.Rajasekaran

For Respondents

: Mr.M.Ramesh, Government Advocate

O R D E R

The order of suspension dated 30.08.2018 is under challenge

in the present writ petition.

2.The writ petitioner was working as Special Revenue

Inspector (Excise), Pudukkottai, and was placed under suspension, as

the petitioner was arrested on 26.08.2018 at 10.30 Hours and

remanded for 15 days under judicial custody.

3.The question arises whether simultaneous proceedings may go

on and the authorities have to proceed with the departmental

disciplinary proceedings in the event of availability of relevant

records. In this regard, the principles to be followed by the

competent authorities are summarised in W.P.(MD) No.14356 of 2019

and this Court by order dated 08.02.2022 passed the following

order:-

“5.In view of the complex nature of issues raising

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W.P.(MD) No.10087 of 2019

doubt in the minds of the disciplinary authority, this

Court is inclined to summarize the following principles,

which are all to be followed in the cases of simultaneous

proceedings (i.e., departmental disciplinary proceedings

and criminal cases).

“(a) it is a settled law that criminal case

and the departmental disciplinary proceedings may

be initiated simultaneously as the case may be;

(b) an order of suspension, if required,

may be issued in the prescribed format as per the

rules;

(c) if the records and evidences are

available with the disciplinary authority, then

without any loss of time, charge memorandum shall

be issued and the disciplinary proceedings may go

on;

(d) the question to be considered is

whether simultaneous proceedings may go on or

not?;

(e) the departmental domestic enquiry and

the criminal trial shall proceed simultaneously

and the decision in the criminal case would not

materially affect the outcome of the domestic

enquiry;

(f) the nature of both proceedings and the

test applied to reach final conclusion in the

matter are entirely different.

(g) if the case involves complicated

questions of fact and law and the disciplinary

authority is not in possession of the required

materials for the purpose of conducting enquiry,

then administrative decision may be taken to keep

the departmental proceedings in abeyance. till the

disposal of the criminal case. However, the

advisability and desirability has to be determined

considering the facts of each case by the

authority concerned. Therefore, it would be

expedient that the disciplinary proceedings are

conducted and completed as expeditiously as

possible.

(h) there is no legal bar for both

proceedings to go on simultaneously.

(i) acquittal by a criminal Court would not

debar an employer from exercising power in

accordance with service rules and regulations in

force.

The two proceedings, criminal and

departmental are entirely different. They operate

in different fields and have different objectives.

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W.P.(MD) No.10087 of 2019

Whereas the object of criminal trial is to inflict

appropriate punishment on offender, the purpose of

departmental enquiry proceedings is to deal with

the delinquent departmentally and to impose

p