2006 (10) TMI 516 - HC - Indian Laws

Summary

Issues involved: Quashing of charge sheet and stay on departmental inquiry during criminal trial.

The petitioner filed a petition under Article 226 of the Constitution seeking to quash the charge sheet and order dated 18.2.2006 and requested to stay the departmental inquiry proceedings during the criminal trial u/s 7 and 13 of the Prevention of Corruption Act, 1988. The petitioner, a Constable promoted to Head Constable, was accused of demanding a bribe, leading to a trap by the State Vigilance Bureau. The petitioner sought to stay the departmental proceedings until the criminal case was concluded. The Inquiry Officer refused to provide the charge sheet, leading to the petitioner filing the instant petition. The petitioner contended that the departmental proceedings should be stayed until the criminal trial was completed to prevent prejudice to his defense. The Court examined the legal position on staying disciplinary proceedings during criminal cases and emphasized that such stays should not be automatic. The Court cited various judgments to highlight that the departmental proceedings should not be unduly delayed, especially in cases of serious misconduct. The Court concluded that the petitioner's plea to stay the departmental proceedings until the criminal trial concluded lacked merit. Staying the proceedings indefinitely would only benefit the accused, and it was not in the interest of the disciplined force or administration. Therefore, the Court dismissed the petition, finding no merit in the petitioner's arguments.