1 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04[CASE NUMBER]04[CASE NUMBER]2019 CORAM THE HONOURABLE MR[CASE NUMBER] JUSTICE [ENTITY] [CASE NUMBER] and [CASE NUMBER] [ENTITY] Petitioner in W[CASE NUMBER]P[CASE NUMBER]No[CASE NUMBER]34132/2018 [ENTITY] Petitioner in [CASE NUMBER] [ENTITY] Petitioner in [CASE NUMBER] -Vs- 1[CASE NUMBER] The [ENTITY][CASE NUMBER] 2[CASE NUMBER] The [ENTITY][CASE NUMBER] Respondents in all WPs[CASE NUMBER] Prayer in W[CASE NUMBER]P[CASE NUMBER]No[CASE NUMBER]34132/2018: Writ Petition filed under [SECTION] of the [ACT] to issue a Writ of Mandamus, to directing the respondents to keep the disciplinary proceedings issued by the 1st Respondent in [CASE NUMBER][CASE NUMBER][CASE NUMBER] dated 14/06/2018 in abeyance, pending disposal of the [CASE NUMBER] on the file of the Chief Judicial Magistrate, Chengalpattu[CASE NUMBER] Prayer in [CASE NUMBER]: Writ Petition filed under [SECTION] of the [ACT] to issue a Writ of Mandamus, to directing the respondents to keep the disciplinary proceedings issued by the 1st Respondent in [CASE NUMBER][CASE NUMBER][CASE NUMBER] dated 14/06/2018 in abeyance, pending disposal of the [CASE NUMBER] on the file of the Chief Judicial Magistrate, Chengalpattu[CASE NUMBER] http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in 2 Prayer in [CASE NUMBER]: Writ Petition filed under [SECTION] of the [ACT] to issue a Writ of Mandamus, to directing the respondents to keep the disciplinary proceedings issued by the 1st Respondent in [CASE NUMBER][CASE NUMBER][CASE NUMBER] dated 14/06/2018 in abeyance, pending disposal of the [CASE NUMBER] on the file of the Chief Judicial Magistrate, Chengalpattu[CASE NUMBER] For petitioners : Mr[CASE NUMBER][ENTITY] for M/s[CASE NUMBER][ENTITY] (Senior Counsel) For respondents : Mr[CASE NUMBER][ENTITY] (Special Government Pleader) in all WPs[CASE NUMBER] COMMON ORDER
The charge memo issued to the writ petitioners in proceedings dated 14[CASE NUMBER]06[CASE NUMBER]2018, is under challenge in these writ petitions[CASE NUMBER] The charges against the writ petitioners are extracted hereunder:
'Fw;wr;rhl;L vz;/1 ,th; bghWg;g[tha;e;j fpuhk eph;thf mYtyuhf ,Ue;Jbfhz;L[CASE NUMBER] muR CHpahpd; elj;ij tpjpfis kPwp jdJ Raeydpw;fhf fpuhk kf;fis Jd;g[Wj;jpa[k;[CASE NUMBER]
tpz;zg;gj;jpd; kPJ chpa fhyj;jpw;Fs; eltof;if vLf;fhky;[CASE NUMBER] Mjha nehf;nfhL fhye;jhH;j;jpa[k;[CASE NUMBER] bghJkf;fs; rYiffs; bgWtjw;F ,ila{Whft[k;[CASE NUMBER] bghWg;gw;w Kiwapy; ele;Jbfhz;ljd; K:yk; jdJ flikapypUe;J jtwpa[s;sPh;/ Fw;wr;rhl;L vz;/2 xU bghWg;g[s;s fpuhk eph;thf mYtyuhf ,Ue;Jbfhz;L muR gzpf;F mtg;bgah; Vw;gLk; tifapYk;[CASE NUMBER] murpd; ek;gfjd;ikia ,Hf;Fk; tifapYk; ele;Js;sPh;/ http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in Fw;wr;rhl;L vz;/3 xU bghWg;g[s;s fpuhk eph;thf mYtyuhf
,Ue;Jbfhz;L muR tpjpfspd;go bray;glhkYk;[CASE NUMBER] fpuhk eph;thf mYtyf eilKiw E}ypy; fpuhk eph;thf mYtyh;fs; flikfs; gw;wp Fwpg;gplg;gl;Ls;sJnghy;
bray;glhkYk;[CASE NUMBER] fpuhk Fokf;fspd; njitfis epiwntw;whky; jdJ tpUg;gk;nghy; jd;dpr;irahf bray;gl;Ls;sPh;/ Fw;wr;rhl;L vz;/4 fpuhk eph;thf mYtyh; jdJ gzpapy; neh;ika[k;[CASE NUMBER] flik a[zh;t[ kw;Wk; gw;Wzh;tpd;wp bray;gl;L jkpH;ehL muR gzpahsh; ed;dlj;ij tpjpfs; 1973 tpjp 20(1) Kuzhf bray;gl;Ls;sPh;/
Annexure-2 to the charge memo provides the statement of allegations[CASE NUMBER] Annexure-3 denotes the list of documents[CASE NUMBER] Annexure-4 denotes the list of witnesses to be examined[CASE NUMBER]
Thus, there is no infirmity in respect of the charge memo issued against the writ petitioners[CASE NUMBER]
2[CASE NUMBER] The learned Senior Counsel appearing on behalf of the writ petitioners states that pursuant to the very same allegations, the criminal case was registered against the writ petitioners, the Charge Sheet numbers were assigned and the same was laid down by the Inspector of Police, Vigilance and Anti-Corruption Wing[CASE NUMBER] When a criminal case is pending against the writ petitioners, the respondents ought not to have instituted the departmental http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in disciplinary proceedings, as simultaneous proceedings are impermissible[CASE NUMBER]
3[CASE NUMBER] In the event of allowing the respondents to continue the departmental disciplinary proceedings, the right of defense provided to the writ petitioners are denied[CASE NUMBER] Thus, the charge memo itself is liable to be scrapped[CASE NUMBER] At the out set, it is contended that during the pendency of the criminal case, the respondents cannot proceed with the departmental disciplinary proceedings and they have to wait till the final disposal of a criminal case[CASE NUMBER]
4[CASE NUMBER] The question raised is that whether the right of the writ petitioners would be prejudiced in the event of concluding the departmental disciplinary proceedings[CASE NUMBER] The nature of the departmental disciplinary proceedings are entirely different and the criminal trial is no way connected with the departmental disciplinary proceedings[CASE NUMBER] This apart, the moral turpitude or preponderance of probabilities are sufficient to punish an employee under the [ACT][CASE NUMBER] Taking in to account, the service records and the allegations of misconduct now set out with the writ petitioners[CASE NUMBER] However, trial in a criminal case stands in a different footing[CASE NUMBER]
Thus, there cannot be any comparison of the departmental disciplinary proceedings as well as the criminal trial[CASE NUMBER] The allegations against the writ http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in petitioners are corruption[CASE NUMBER]
5[CASE NUMBER] This Court is of an undoubted opinion that there is no bar to proceed with the departmental disciplinary proceedings, even during the pendency of the criminal proceedings[CASE NUMBER] The only yardstick is to be adopted is that the materials are not available on record to continue the departmental disciplinary proceedings[CASE NUMBER] Then the Competent Authority is empowered to take a decision to keep the departmental disciplinary proceedings in abeyance[CASE NUMBER] If the documents and materials are available and sufficient to continue the departmental disciplinary proceedings, then there is no bar to continue the proceedings to conclude the same and pass final orders[CASE NUMBER] In case, the criminal case is ended with an order of conviction, then the suitable orders may be passed reviewing the earlier order or passing a fresh order[CASE NUMBER]
6[CASE NUMBER] However, the mere pendency of the criminal case would not prevent the Competent Authority from proceeding with the departmental disciplinary proceedings[CASE NUMBER]
7[CASE NUMBER] The cases of Corruption have to be viewed certainly serious and no leniency can be shown[CASE NUMBER] The Honourable Supreme Court also, time and again, emphasised that the charges cannot be quashed on the ground of delay or on http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in technical grounds when the charges are relating to demand of bribe or corruption[CASE NUMBER] This being the consistent view of the Courts, the writ petitioners shall not be allowed to escape from the disciplinary proceedings on these technical grounds[CASE NUMBER]
8[CASE NUMBER] The disciplinary proceedings initiated against the writ petitioners shall be allowed to be concluded in all respects and all such proceedings should reach its logical conclusion[CASE NUMBER] Intermittent intervention in disciplinary proceedings are to be exercised cautiously and the judicial review in this regard are certainly limited and the Courts have to exercise the judicial review only on exceptional circumstances in disciplinary proceedings, more-so, when the allegations are relating to corruption[CASE NUMBER]
9[CASE NUMBER] Thus, this Court is of the firm opinion that in corruption cases where there are certain technical grounds, even then the enquiry should be allowed to be completed in all respects and it is left open to the delinquent officials to establish their innocence before the enquiry proceedings and the very charge memo, cannot be quashed in this regard[CASE NUMBER]
10[CASE NUMBER] Government servants play a significant role in running the administration of the Country[CASE NUMBER] They are important constituents of the http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in administrative set up of the Nation[CASE NUMBER] They are pillars of the Government departments on whose shoulders the responsibility to implement the Government policies lies[CASE NUMBER] They provide public services to the citizens at the grass root level and in the same way, they forward grievances of the public, their representations and demands to higher ups for their effective resolution[CASE NUMBER] The Government employees have different work culture and responsibilities as compared to their counterparts in private sector[CASE NUMBER] They are smartly paid and have some kind of perquisites given to them but at the same time, they have heavy responsibilities towards the Government in particular and public in general[CASE NUMBER] However, when the Government servants deviate from the established rules of conduct, the departmental disciplinary proceedings will be initiated[CASE NUMBER] It is the need of the hour to analyse whether conducting departmental proceedings and criminal proceedings would amount to double jeopardy or such simultaneous proceedings are to be continued simultaneously[CASE NUMBER]
11[CASE NUMBER] The departmental authorities are free to exercise such lawful powers as are conferred on them by the departmental rules and regulations[CASE NUMBER]
12[CASE NUMBER] In the case of [PRECEDENT], it is well-settled that a domestic enquiry and a criminal trial can proceed simultaneously and the decision in the criminal case http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in would not materially affect the outcome of the domestic enquiry[CASE NUMBER] The nature of both the proceedings and the test applied to reach a final conclusion in the matter, are entirely different[CASE NUMBER]
13[CASE NUMBER] In the case of Dr[CASE NUMBER][ENTITY]-Deputy General Manager V[CASE NUMBER] Union of India[Special Civil Application No[CASE NUMBER]15602 of 2013], the Apex Court held that it is clear that the departmental inquiry proceedings in every case need not be stayed till the criminal proceedings against the petitioner are concluded[CASE NUMBER] It may be done in case of grave nature involving complicated questions of facts and law[CASE NUMBER] The advisability and desirability has to be determined considering facts of each case[CASE NUMBER]
14[CASE NUMBER] In the case of [PRECEDENT], the Court held that the departmental enquiry is to maintain discipline in service and efficiency of public service[CASE NUMBER] It would, therefore, be expedient that the disciplinary proceedings are conducted and completed as expeditiously as possible[CASE NUMBER] It is not, therefore, desirable to lay down any guideline as inflexible rules in which the departmental proceedings may or may not be stayed pending trial in criminal case against the delinquent officer[CASE NUMBER] There would be no bar to proceed simultaneously with the departmental proceeding and trial of a criminal case http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in unless the charge in a criminal trial is of grave nature involving complicated questions of fact and law[CASE NUMBER] Offence generally implies infringement of public as distinguished from mere private right punishable under criminal law, when trial for criminal offence is conducted it should be in accordance with the proof of offence as per the evidence defined under the provisions of the [ACT][CASE NUMBER] Converse in the case of departmental enquiry in a departmental proceeding relates to conduct of breach of duty of the delinquent officer who punish him for his misconduct defined under the relevant statute/rule or law that strict standard of rule or applicability of [ACT] stands excluded in a settled legal position[CASE NUMBER]
15[CASE NUMBER] In the case of [PRECEDENT], the Court held that there is no legal bar for both proceedings to go on simultaneously[CASE NUMBER] The only valid ground for claiming that the disciplinary proceedings may be stayed would be to ensure that the defence of the employee in the criminal case may not be prejudiced but even such grounds would be available only in cases involving complex question of fact and law[CASE NUMBER] Such defence ought not to be permitted to unnecessarily delay the departmental proceedings[CASE NUMBER] The interest of the delinquent officer as well as the employer clearly lies in a prompt conclusion of the disciplinary proceedings[CASE NUMBER]
http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in
16[CASE NUMBER] The Supreme Court in the case of [PRECEDENT] gave a timely reminder of the principles that are applicable in such situations succinctly summed up in the following words:
(i) There is no legal bar for both proceedings to go on simultaneously[CASE NUMBER]
(ii) The only valid ground for claiming that the disciplinary proceedings may be stayed would be to ensure that the defence of the employee in the criminal case may not be prejudiced[CASE NUMBER] But even such grounds would be available only in cases involving complex questions of facts and law[CASE NUMBER]
(iii) Such defence ought not to be permitted to unnecessarily delay the departmental proceedings[CASE NUMBER] The interest of the delinquent officer as well as the employer clearly lies in a prompt conclusion of the disciplinary proceedings[CASE NUMBER]
(iv) Departmental Proceedings can go on simultaneously to the criminal trial, except where both the proceedings are based on the same set of facts and the evidence in both the proceedings is common[CASE NUMBER]
17[CASE NUMBER] In the case of [PRECEDENT], the Court held that the standard of proof and http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in nature of evidence in the departmental inquiry is not the same as in criminal case[CASE NUMBER] The purpose of departmental enquiry and of prosecution is two different and distinct aspects[CASE NUMBER] The criminal prosecution is launched for an offence for violation of a duty the offended owes to the society, or for breach of which law has provided that the offender shall make satisfaction to the public[CASE NUMBER] So crime is an act of commission in violation of law or of omission of public duty[CASE NUMBER] The departmental enquiry is to maintain discipline in the service and efficiency of public service[CASE NUMBER] It would, therefore, be expedient that the disciplinary proceedings are conducted and completed as expeditiously as possible[CASE NUMBER] 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[CASE NUMBER] Each case requires to be considered in the backdrop of its own facts and circumstances[CASE NUMBER] 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 complicated questions of fact and law[CASE NUMBER]
18[CASE NUMBER] In the case of [PRECEDENT], the Hon'ble Supreme Court reiterated observing that both proceedings can be held simultaneously[CASE NUMBER] It held, the purpose of departmental inquiry and of prosecution is to put a distinct aspect[CASE NUMBER] Criminal prosecution is http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in launched for an offence for violation of duty[CASE NUMBER] The offender owes to the society, or for breach of which law has provided that the offender shall make satisfaction to the public[CASE NUMBER] So crime is an act of commission in violation of law or of omission of a public duty[CASE NUMBER] The departmental inquiry is to maintain discipline in the service and efficiency of public service[CASE NUMBER]
19[CASE NUMBER] In the case of [PRECEDENT], the Honourable Apex Court considered the issue of validity of conducting departmental proceeding when the criminal case was pending against the official and held as follows:
Acquittal by a criminal court would not debar an employer from exercising power in accordance with Rules and Regulations in force[CASE NUMBER] The two proceedings, criminal and departmental, are entirely different[CASE NUMBER] They operate in different fields and have different objectives[CASE NUMBER] Whereas the object of criminal trial is to inflict appropriate punishment on offender, the purpose of enquiry proceedings is to deal with the delinquent departmentally and to impose penalty in accordance with service Rules[CASE NUMBER] In criminal law, burden of proof is on the prosecution and unless the prosecution is able to prove the guilt of the accused 'beyond reasonable doubt', he cannot be convicted by a court of law[CASE NUMBER] In departmental enquiry, on the other hand, penalty can be imposed on the delinquent officer on a finding recorded on the basis of http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in 'preponderance of probability'[CASE NUMBER]
20[CASE NUMBER] In the case of [PRECEDENT], the Hon'ble Supreme Court has held in the case of that since standard of proof required in criminal case are beyond reasonable doubt and what is required in departmental inquiry is only of finding the guilt on the basis of preponderance of probability, there is no bar in continuing both simultaneously[CASE NUMBER]
21[CASE NUMBER] In the case of [PRECEDENT] it has been held by the Supreme Court that taking recourse to both, does not amount to double jeopardy[CASE NUMBER]
1[CASE NUMBER] In [PRECEDENT][CASE NUMBER] It was held that suffice it to say that while there is no legal bar to the holding of the disciplinary proceedings and the criminal trial simultaneously, stay of disciplinary proceedings may be advisable course in cases where the criminal charge against the employee is grave and continuance of the disciplinary proceedings is likely to plagiarize their defence before the criminal court[CASE NUMBER]
2[CASE NUMBER] The Supreme Court in State of Rajasthan v[CASE NUMBER] B[CASE NUMBER]K[CASE NUMBER]Meena and Others http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in (1996) 6 SCC 417 held that In certain situations, it may not be 'desirable', 'advisable', or 'appropriate' to proceed with the disciplinary enquiry when a criminal case is pending on identical charges[CASE NUMBER]
Therefore, stay of disciplinary proceedings cannot be, and should not be, a matter of recourse[CASE NUMBER]
3[CASE NUMBER] It is also to note that acquittal in criminal proceedings on the same set of charges, per se, does not entitle the delinquent to claim immunity from disciplinary proceedings, as observed by the Supreme Court in the case of [PRECEDENT][CASE NUMBER] In the same way, departmental proceedings may be continued even after retirement of the employee[CASE NUMBER] ([PRECEDENT])
22[CASE NUMBER] Considering the above judgments, this Court is of the firm opinion that the procedure for taking disciplinary action against a Government servant is lengthy and detailed one, giving maximum opportunity to the government servant to prove his innocence[CASE NUMBER] A Government employee is expected to perform his duties with utmost diligence, efficiency, economy and effectiveness[CASE NUMBER] The Government procedures are lengthy in order to ensure that the Government employees perform their responsibilities without any pressure http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in or exterior considerations[CASE NUMBER] However, at the same time, it ensures discipline amongst the employees and shows the door to the employees who have become dead wood and do not perform as per expectations of public in general and his department in particular[CASE NUMBER] Disciplinary proceeding are conducted to ensure that the morale of the employees as a whole is boosted[CASE NUMBER] It ought to be noted that criminal proceedings will last for years and this can lead to loss of evidences and thereby staying departmental disciplinary proceedings from being conducted simultaneously would lead to gross miscarriage of justice[CASE NUMBER] Also, it is pertinent to note the fact that the object of such departmental proceedings is not to penalise but to assist in restoring the morale of Government servants[CASE NUMBER] Thus, it is of utmost importance that the Court has to strike a balance between the need for a fair trial to the accused on one hand and the competing demand for an expeditious conclusion of the ongoing disciplinary proceedings on the other which will not have any adverse impact if is conducted simultaneously[CASE NUMBER]
23[CASE NUMBER] In the present case on hand, the learned senior counsel made a submission that there is a delay in framing the charge memo[CASE NUMBER] However, the fact remains that the criminal proceedings are pending against the writ petitioners under the [ACT], and the criminal cases are in progress and going to be disposed of soon[CASE NUMBER]
http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in
24[CASE NUMBER] Under these circumstances, this Court is of the considered opinion that the delay did not cause any prejudice to the writ petitioners as the allegations are under trial and the department has waited for some time and on account of the long delay, they have now issued a charge memo enabling them to continue the departmental disciplinary proceedings[CASE NUMBER] Even, in case where the charge memo has not been issued after the disposal of the criminal case, the authorities can initiate the departmental disciplinary proceedings[CASE NUMBER] Thus, all these circumstances, are weighed by the Competent Authorities based on the facts and circumstances[CASE NUMBER] Thus, the delay did not cause any prejudice to the interest of the writ petitioners and the writ petitioners are bound to face the departmental disciplinary proceedings, in view of the fact that both the criminal case and the departmental proceedings are pending[CASE NUMBER] It is left open to the writ petitioners to establish their innocence or otherwise by producing documents and adducing evidences[CASE NUMBER]
25[CASE NUMBER] The Hon'ble Supreme Court, time and again reiterated that the charges in relation to corrupt activities cannot be quashed, merely on the ground of delay[CASE NUMBER] This being the legal principles to be followed, the relief as such sought of in these writ petitions cannot be considered at all[CASE NUMBER] http: www[CASE NUMBER]judis[CASE NUMBER]nic[CASE NUMBER]in
26[CASE NUMBER] Accordingly, these writ petitions stands dismissed[CASE NUMBER] No costs[CASE NUMBER] Consequently, connected miscellaneous petitions are closed[CASE NUMBER]
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