TMI Blog1996 (9) TMI 602X X X X Extracts X X X X X X X X Extracts X X X X ..... nvestigated into the said offence and found that the respondent was involved in the offence and accordingly registered FIR No10/90 dated 12.3.90. On 22.5.90, the respondent was placed under suspension. The respondent was arrested on 26.3.90 and remained in custody till 10th August, 1990. On 31.3.92, the State of Rajasthan requested the Government of India for grant of sanction for prosecuting the respondent under Prevention of Corruption Act, 1988. On 9.9.92, the Government of India, the Government of Rajasthan to initiate disciplinary proceedings against the respondent. Accordingly, on 13.10.92, the State Government issued the memo of charges accompanies by articles of charges. On 9.2.93, the respondent submitted his written statement (running into 90 pages) in reply to the charges served upon him. At our direction, the learned counsel for the respondent has filed a copy of the said written statement. It purports to be in response to the memo of charges dated 13.10.92 communicated to him. Though at the end, the respondent reserves his right to add new points when and if the documents as mentioned above are furnished tome or if the investigating agency furnish other documents o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n material against him emerges during the enquiry proceedings and disclosure of his defence at that stage could well prejudice his defence in the criminal trial. Purporting to follow the decision of this Court in Kusheshwar Dubey v. M/s Bharat Coking Coal Limited and Others [A.I.R. 1988 S.C. 2118 = 1988 (4) S.C.C. 31], the Tribunal allowed the respondent s plea and stayed the disciplinary proceedings pending the criminal proceedings. We are of the opinion that the order of the Tribunal is unsustainable both in law and on the facts of the case. In S.A. Venkataraman v. Union of India Another [A.I.R. 1954 S.C. 375], the petitioner therein was subjected to disciplinary proceedings in the first instance and was dismissed from service on 17th September, 1953. On 23rd February, 1954, the police submitted a charge-sheet against the petitioner therein in a Criminal Court in respect of the very same charges. The petitioner challenged the initiation of criminal proceedings on the ground that it amounts to putting him in double jeopardy within the meaning of Clause (2) of Article 20 of the Constitution of India. A Constitution Bench of this Court rejected the said plea holding that there i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contention that initiation of disciplinary proceedings during the pendency of criminal proceedings on the same facts amounts to contempt of court was rejected. After considering the ratio of these three decisions, this Court held in Kusheshwar Dubey : The view expressed in the these cases of this Court seem to support the position that while there could be no legal bar for simultaneous proceedings being taken, yet, there may be cases where it would be appropriate to defer disciplinary proceedings awaiting disposal of the criminal case. In the latter class of cases it would open to the delinquent employee to seek such an order of stay or injunction from the Court. Whether in the facts and circumstances of a particular case there should or should not be such simultaneity of the proceedings would then receive judicial consideration and the court will decide in the given circumstances of a particular as to whether the disciplinary proceedings should be interdicted, pending criminal trial. As we have a already stated that it is neither possible nor advisable to evolve a hard and fast, strait-jacket formula valid for all cases and of general application without regard to the particul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... clusion. That is the reality inspite of repeated advice and admonitions from this Court and the High Courts. If a criminal case is unduly delayed that may itself be a good ground for going ahead with the disciplinary enquiry even where the disciplinary proceedings are held over at an earlier stage. The interests of administration and good government demand that these proceedings are concluded expeditiously. It must be remembered that interests of administration demand that the undesirable elements are thrown out and any charge of misdemeanor is enquired into promptly. The disciplinary proceedings are meant not really to punish the guilty but to keep the administrative machinery unsullied by getting rid of bad elements. The interest of the delinquent officer also lies in a prompt conclusion of the disciplinary proceedings. If he is not guilty of the charges, his honour should be vindicated at the earliest possible moment and if he is guilty, he should be dealt with promptly according to law. It is not also in the interest of administration that persons accused of serious misdemeanor should be continued in office indefinitely, i.e., for long periods awaiting the result of criminal pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rupees one crore. The observation of the Tribunal that in the course of examination of evidence, new material may emerge against the respondent and he may be compelled to disclose his defence is, at best, a surmise - a speculator reason. We cannot accept it as valid. Though the respondent was suspended pending enquiry in May, 1990, the order has been revoked in October 1993. The respondent is continuing in office. It is in his interest and in the interest of good administration that the truth or falsity of the charges against him is determined promptly. To wit, if he is not guilty of the charges, his honour should be vindicated early and if he is guilty, he should be dealt with appropriately without any avoidable delay. The criminal court may decide - whenever it does - whether the respondent is guilty of the offences charged and if so, what sentence should be imposed upon him. The interest of administration, however, cannot brooke any delay in disciplinary proceedings for the reasons indicated hereinabove. There is yet another reason. The approach and the objective in the criminal proceedings and the disciplinary proceedings is altogether distinct and different. In the discipli ..... X X X X Extracts X X X X X X X X Extracts X X X X
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