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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 ..... on 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. A comparison of the charge-sheet issued on the departmental side and the charge framed by the criminal Court would go on to show that they operate within a different ambit regarding the non-disclosure of the properties which had been purchased without obtaining prior permission, which is nothing to do with the factum of the prosecution on the criminal side. Similarly, the charge of maintaining absolute integrity in the duty and had acting in a manner unbecoming of public servants as contravened the provisions of service rules and nothing is interconnected with criminal proceedings and, therefore, the departmental proceedings are operating within a different framework. It is also noticed that the delay which has occurred in the present case is on account of large number of witnesses which had be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essive Inquiry Officers and they had failed to conclude the inquiry proceedings, though an undertaking had been given in Original Application No.060/908/2014. Resultantly, directions were issued to the Union Revenue Secretary 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 proce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ow that an FIR bearing No.RC.3/A/2005-SCR.I dated 12.04.2005 under Sections 13 (2), 13 (1) (e) of Prevention of Corruption Act, 1988 read with Section 109 of Indian Penal Code was lodged by the Superintendent of Police, CBI, New Delhi, at 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Charge and the Statement of Imputation of misconduct and misbehaviour was served upon him, apart from the fact that by abusing his official position and by corrupt and illegal means, he had acquired properties from 01.04.1999 to 14.04.2005. There were allegations that without taking prior permission or giving any intimation to the competent authority in violation of the provisions of Rule 18 (2) and (3) of the Central Civil Services (Conduct) Rules, 1964 (hereinafter referred to as '1964 Rules') he had made the investments. Similarly the fact that he had failed to maintain absolute integrity, devotion to duty and acted in a manner unbecoming of a public servant and contravened the provisions of Rule 3 (1) (i to iii) of the 1964 Rules, was among the article of charge. Articles of charge reads as under:- Articles of charge framed against Shri Baldev Singh Sandhu, Commissioner of Income Tax, CIB (sic. CBI), Ahmedabad (IRS Civil No.81027). Shri Baldev Singh Sandhu while working as a public servant in different capacities at different places in the Income Tax Department during the period 01.04.1999 to 14.04.2005, by abusing his official position and by corrupt and i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plicant within some stipulated time. The respondents were granted time to have instruction in this behalf. 3. Today, Sh. K.K.Thakur, Advocate appeared on behalf of the respondents and submitted that the authorities have no objection to the acceptance of alternative prayer of the applicant for concluding the enquiry proceeding expeditious as per the CVC guidelines, subject to co-operation of the applicant. 4. Sh. Navjot Singh, learned counsel for the applicant submitted that the applicant has already submitted his defence statement, therefore, the respondents be directed to conclude the enquiry proceeding expeditiously. 5. Considering the consensual agreement arrived between the parties and without commenting on the merit of the case, we dispose of the present O.A with a direction to the competent authority amongst the respondents to conclude the enquiry proceeding expeditiously as per the CVC guidelines and we hope and expect that the applicant would also co-operate in the proceedings. 6. No costs. 12. The Tribunal has noticed that various inquiry officers have changed and it is a matter of fact that the petitioner also retired on 30.09.2015 and, therefore, at this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the above said charge. (Kanwaljit Singh Bajwa) Special Judge, CBI, Punjab, Patiala 7.5.2015 Certified that the contents of the charge sheet have been readover and explained to the accused in simple Punjabi and they have fully understood it. (Kanwaljit Singh Bajwa) Special Judge, CBI, Punjab, Patiala 7.5.2015 14. It is not disputed that as observed by the Tribunal out of 195 prosecution witnesses, 32 have been examined and 63 witnesses are yet to be examined and there are also 77 covering witnesses. 15. A comparison of the charge-sheet issued on the departmental side and the charge framed by the criminal Court would go on to show that they operate within a different ambit regarding the non-disclosure of the properties which had been purchased without obtaining prior permission, which is nothing to do with the factum of the prosecution on the criminal side. Similarly, the charge of maintaining absolute integrity in the duty and had acting in a manner unbecoming of public servants as contravened the provisions of service rules and nothing is interconnected with criminal proceedings and, therefore, the departmental proceedings are operating within a diff ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n account of large number of witnesses which had been arrayed by the CBI. Therefore, we are of the considered opinion that no such benefit is liable to be granted for staying the proceedings as asked for, since the matter has already lingered for the last over a decade and the Tribunal has rightly directed the monitoring of the said case, so that it can be concluded at the earliest. 20. In Kendriya Vidyalaya Sangathan others vs T.Srinivas, AIR 2004 SC 4127 , the High Court had upheld the order of the Tribunal staying the departmental proceedings on the ground that the charge was inter-connected. The Apex Court held that the seriousness of the charge which pertained to acceptance of illegal gratification and the desirability of continuing the appellant in service when he was guilty of such conduct, once the mode of enquiry and the rules governing the enquiry and trial in both the cases are distinct, would not justify in staying of the proceedings. It was, accordingly, held that the stay of disciplinary proceedings is not must in every case. 21. In the case of State Bank of India and others Vs. Neelam Nag and another, (2016) 9 SCC 491, similar observations flowed from the Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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