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TMI Blog2022 (7) TMI 37X X X X Extracts X X X X X X X X Extracts X X X X ..... to place the entire mater before the disciplinary authority, who had to monitor the whole inquiry proceedings, which were pending before the Inquiry Officer-respondent No.3 herein, keeping in view the law laid down by the Apex Court in Prem Nath Bali Vs. High Court of Delhi & others, (2015) 16 SCC 415 . 3. Senior counsel for the petitioner strenuously submitted that the Tribunal was in error in not staying the departmental proceedings while placing reliance upon the judgments of the Apex Court Kusheshwar Dubey Vs. Ms Bharat Coking Coal Ltd. and others, (1988) 4 SCC 319; M/s Stanzen Toyotetsu India P. Ltd. Vs. Girish V and others, (2014) 1 SCC (L&S) 641 and Capt. M. Paul Anthony Vs. Bharat Gold Mines Ltd., (1999) 3 SCC 679. He submitted that since the petitioner was being prosecuted on the criminal side and a charge-sheet had been framed under various provisions of Prevention of Corruption Act, his defence would be prejudiced in case the departmental proceedings are allowed to continue. 4. It was, accordingly, contended that Central Civil Services (Classification, Control & Appeal) Rules, 1965 (hereinafter referred to as '1965 Rules) provided that a mandate was there that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t Police Station, CBI, New Delhi, against the petitioner who was then working as a Commissioner of Income Tax at Ahmedabad. The same was on account of the fact that his assets have grown grossly disproportionate to his known sources of income from the year 1999 onwards. Criminal proceedings were initiated against him by noting the assets which had been acquired by him, his father, mother and son from 01.04.1999 to 28.02.2005. The properties which were acquired by them are as under:- S.No. Particulars Period of acquisition Amount in Rs. 1. DDA flat category-III, Dwarka, New Delhi Year 2003 4,70,520/- 2. Flatn No.H, 4th floor, Surya Kiran Building, The Mall, Ludhiana Year 2003 18,65,000/- 3. Agricultural land at village Fatehgarh Panjgrain Tehsil Dhuri, 7 Biswas (son) Year 2003 74,200/- 4. Agricultural land at village Fatehgarh Panjgrain Tehsil Dhuri, 1 Bigha 1 Biswa (son) Year 2003 55,850/- 5. Agricultural land at village Fatehgarh Panjgrain Tehsil Dhuri, 5 Bighas (son) Year 2004 3,12,440/- 6. House No.847, Guru Nanak Colony Tehsil Malerkotla (faher) Year of construction 1999 20,71,500/- 7. Land owned by M/s Satkartar Rice Mill, Nabha Road, Malerkotla ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... abusing his official position and by corrupt and illegal means, acquired moveable and immovable assets in the name of self and his family members during the said period that were disproportionate to the tune of Rs.2,59,43,921/- to his known legal sources of income which he has not been able to explain. Shri Baldev Singh Sandhu had made investments during the period 01.04.1999 to 14.04.2005 in the various moveable and immovable properties as mentioned in the statement of moveable and and immovable assets (Statement- B) without obtaining any prior permission of giving any intimation in this regard to his competent authority in violation of the provisions of Rule 18(2) and 18(3) of the CCS (Conduct) Rules, 1964. By his aforesaid act, Shri Baldev Singh Sandhu, Commissioner of Income Tax failed to maintain absolute integrity, devotion to duty and acted in a manner unbecoming of a public servant and thereby contraended the provisions of Rule 3(1)(i), 3(1) (ii) and 3(1)(iii) of CCS (Conduct) Rules, 1964." 10. Similarly Statement of Imputation would go on to show that he acquired moveable and immoveable assets of Rs.3,74,43,257/-, which were disproportionate to the tune of Rs.2,59,43, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 30.09.2015 and, therefore, at this stage the threat as such of dismissal will no longer loom over him. It is to be seen that many times departmental proceedings are sought to be stayed on this ground, if the same are conducted expeditiously, which might result in dismissal of the employee, whereas on criminal side he might get the benefit of acquittal on the same set of allegations. 13. Obviously notice having been served by respondent No.3 on 11.02.2021 (Annexure A-9) upon the petitioner to come forth in the departmental proceedings, had led to the change of heart. It is to be noticed that prior to this on 07.05.2015 (Annexure A-16) charge was framed by the Special Judge, CBI, Patiala. The order framing the charge reads as under:- "Charge-sheet I, Kanwaljit Singh Bajwa, Special Judge, CBI, Punjab, Patiala, do hereby charge you accused Baldev Singh Sandhu, Bhagwan Singh Sandhu, Gurdial Singh Sandhu, Karamjeet Kaur and Ravinder Kaur as follows:- Firstly, that during the period from 1.4.1999 to 14.4.2005 you accused Baldev Singh Sandhu while posted in Income Tax Department, Govt. of India, in various capacities and lastly as Commissioner of Income Tax, as public servant acqu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a different framework. 16. In similar circumstances the coordinate Bench of this Court in Dr. Balwinder Kumar Sharma Vs. Hon'ble Punjab and Haryana High Court, through Registrar General and another, 2021 (3) SCT 25 wherein similar prayer was made, had dismissed the writ petition on the ground that highest standards of propriety and moral conduct of the Registrar (Recruitment) which was to be maintained, was another aspect before the departmental proceedings and it was not to be gone into and punished on the criminal side. It was also held after taking into consideration the judgments which have been cited by the learned Senior counsel herein also that the grant or decline of stay on the criminal side always depends on the facts of the case and there is no straight jacket formula. 17. Similar observations have also flowed from the Apex Court in the case of Kusheshwar Dubey (supra) regarding the hard and fast straight jacket formula validity, though the relief had been granted, since the High Court had opted for vacating the injunction, which had been granted by the Courts below. In the case of Capt. M. Paul Anthony (supra) the employee had been placed under suspension and subs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le keeping in mind the earlier judgment of the Apex Court in Divisional Controller, Karnataka SRTC Vs. M.G.Vittal Rao, (2012) 1 SCC 442. A three Judge Bench of the Apex Court Depot Manager, Andhra Pradesh State Road Transport Corporation Vs. Mohd Yousuf Miya & others AIR 1997 SC 2232, has also rejected the said plea, wherein it was held that the inquiry in departmental proceedings would relate the conduct of the delinquent officer and has to be conducted expeditiously to effectuate efficiency in public administration. Keeping in mind the said principles, the stay granted by the High Court was vacated. 22. Thus, keeping in mind the cumulative weightage of the precedents which are against the petitioner, we are of the considered opinion that keeping in view the allegations levelled against him, which go deep into the misconduct of the public servant, it would not be appropriate to stay the departmental proceedings. The fact that on an earlier occasion the petitioner himself was keen that the same should be conducted within a time bound frame is also being kept in mind. The petitioner, thus, cannot be allowed to blow hot and cold at his own convenience. 23. Accordingly, there is no ..... X X X X Extracts X X X X X X X X Extracts X X X X
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