TMI Blog1996 (11) TMI 452X X X X Extracts X X X X X X X X Extracts X X X X ..... nts had initiated disciplinary proceedings against the respondent on the imputation that on September 15, 1995 while driving the Corporation s double-decker vehicle near Gandhi Hospital in Hyderabed city, due to lack of anticipation, he had caused an accident in which a cyclist died. Consequently, action was initiated for misconduct and enquiry was ordered for misconduct under Regulation 28(ix) of the Employees Conduct Rules, 1963. It would appear that prosecution has been launched by the police for an offence punishable under Section 304, Part II, IPC and in some cases under Section 338 IPC and they are pending trial. Therefore, the respondents filed writ petition in the High Court for stay of the departmental proceedings. The learned sing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gh Court was right in staying the proceedings. In support thereof, he placed strong reliance on the judgment of this Court in Kusheshwar Debey vs. M/s. Bharat Coking Coal Ltd. Ors. [(1988) 4 SCC 319]. He also placed reliance on the judgment of this Court in Food Corporation of India vs. George Varghese Anr. [(1991) Supp. 2 SCC 143]. Therein, the question was: that whether the High Court would be justified in quashing the enquiry proceedings, after the acquittal of the delinquent officer in the criminal case? The High Court had held in that case that it was not expedient to conduct enquiry after acquittal. While interfering with that view and holding that the employer is entitled to initiate the disciplinary proceedings, after the acquit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ast rules can be enunciated in that behalf. The only ground suggested in the above decisions 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 done in cases of grave nature involving questions of fact and law. In our respectful opinion, it means that not only the charges must be grave but that the case must involve complicated questions of law and fact. Moreover, advisability , desirability , or propriety , as the case may be, has to be determined in each case taking into consideration all the facts and circumstances of the case. The ground indicated in D.C. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng to law. it is not also in the interest of administration that persons accused of serious misdemeanour should be continued in office indefinitely, i.e., for long periods awaiting the result of criminal proceedings. It is not in the interest of administration. It only serves the interest of the guilty and dishonest. While it is not possible to enumerate the various factors, for and against the stay if disciplinary proceedings, we found it necessary to emphasis some of the important considerations in view of the fact that very often the disciplinary proceedings are being stayed for long periods pending criminal proceedings. Stay of disciplinary proceedings cannot be, and should not be, a matter of course. All the relevant factors for and ag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mmission in violation of law or of omission of public duty. The departmental enquiry is to maintain discipline in the service and efficiency of public service. It would, therefore, be expedient that the disciplinary proceedings are conducted and completed as expeditiously as possible. It is not, therefore, desirable to lay down any guidelines as inflexible rules in which the departmental proceedings may or may not be stayed pending trial in criminal case against the delinquent officer. Each case requires to be considered in the backdrop of its own facts and circumstances. There would be no bar to proceed simultaneously with departmental enquiry and trial of a criminal case unless the charge in the criminal trial is of grave nature involving ..... X X X X Extracts X X X X X X X X Extracts X X X X
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