K. M. JOSEPH, HRISHIKESH ROY
Eastern Coalfields Limited – Appellant
Versus
Rabindra Kumar Bharti – Respondent
Question 1? Question 2? Question 3?
Key Points: - The judgment discusses whether and how the pendency of a criminal trial should affect departmental/proceedings, emphasizing case-specific considerations in staying or proceeding with disciplinary actions (!) (!) (!) . - It clarifies that acquittal in a criminal case does not automatically bar or determine disciplinary proceedings; both proceedings are distinct and operate under different standards (!) (!) . - The Court allowed the appeal, set aside the impugned High Court judgment, and stated that rights of the respondent to challenge the disciplinary proceeding remain open in competent fora, with no cost order (!) (!) .
JUDGMENT
K.M. Joseph, J. - Leave granted.
2. On the basis of the complaint lodged against the respondent who was employed as a clerk with the appellant(s) relating to demands for bribe by the respondent to clear retirement formalities, the respondent came to be arrested by the Central Bureau of Investigation on 31st August, 2015. A case was lodged against the respondent under Section 7 (12) & (13), sub-section 2 read with Section 13(i)(d) of the Prevention of Corruption Act, 1988. The appellant also passed an order of suspension against the respondent on 3rd August, 2015. This suspension was no doubt revoked on 15th September, 2015. Appellant served respondent a notice of the departmental enquiry on 20th March, 2017. This prompted the respondent to move a writ petition. In the writ petition, the following order was passed on 29.06.2017: -
"Let the affidavit-of-service filed in Court today be kept with the record.
Let an affidavit-in-opposition be filed within a period of three weeks. Let an affidavit-in-reply thereto, if any, be filed within a period of one week thereafter.
Let this matter appear for hearing in the Combined Monthly List of August, 2017 within the first 50 matters under
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