9911796707
TMI Blog2004 (8) TMI 682X X X X Extracts X X X X X X X X Extracts X X X X ..... rap and was charged for offence punishable under Section 7 read with Section 13(i)(d) of Prevention of Corruption Act and a case in this regard is pending trial before the competent court. During the pendency of the said trial, the appellants decided to initiate departmental proceedings against the respondent and a charge memo framing three charges was issued to the respondent. First Article in the memo of charges referred to the allegations of the respondent receiving Rs. 200/- as bribe in violation of Rule 3(1)(i)(ii) & (iii) of CCS (Conduct) Rules, 1964. Article II of the said charge memo referred to the conduct of the appellants in not maintaining absolute integrity devotion to duty and acting in a way unbecoming of an employee in viola ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aggrieved by the said order of the tribunal, the appellants herein, as stated above, preferred a writ petition before the High Court . The High Court by the impugned order agreed with the tribunal that the disciplinary proceedings should be stayed till the criminal trial was over and the request of the appellant, atleast to permit it to proceed with the departmental enquiry in regard to the charge No.3 which was independent of charges 1 and 2 was rejected on the ground that the said charge No.3 is inter-connected with the other two charges. It is against the said order of the High Court confirming the order of the tribunal, the appellants are before us in this appeal. Mr.Rakesh K.Khanna, learned counsel appearing for the appellants submit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of his contention, reference to which has been made herein above. A reading of M.Paul Anthony's case (supra) it is noted that there is consensus of judicial opinion on the basic principle that proceedings in a criminal case and departmental proceedings can go on simultaneously, however this court noticed that certain exceptions have been carved out to the said basic principle. In State of Rajasthan vs. B.K.Meena & Ors. (supra), this court held: "The only ground suggested in the decisions of the Supreme Court as constituting a valid ground for staying the disciplinary proceedings is that "the defence of the employee in the criminal case may not be prejudiced". This ground has, however, been hedged in by providing further that this may be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... conduct is pending. Neither the tribunal nor the High Court did take into consideration the seriousness of the charge which pertains to acceptance of illegal gratification and the desirability of continuing the appellant in service inspite of such serious charges levelled against him. This Court in the said case of State of Rajasthan (supra) has further observed that the approach and the objective in the criminal proceedings and the disciplinary proceedings is altogether distinct and different. It held that in the disciplinary proceedings the question is whether the respondent is guilty of such conduct as would merit his removal from service or a lesser punishment, as the case may be, whereas in the criminal proceedings the question is whet ..... X X X X Extracts X X X X X X X X Extracts X X X X
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