LPA No. 1311 of 2010 (O&M) -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH LPA No. 1311 of 2010 (O&M) Date of Decision: March 28, 2011 Kali Dass …Appellant Versus Uttar Haryana Bijli Vitran Nigam Limited, Shakti Bhawan, Sector 6 Panchkula and another …Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE T.P.S. MANN Present: Mr. Harsh Aggarwal, Advocate for the appellant 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. 1. The instant appeal filed under Clause X of the Letters Patent is directed against the judgment dated 03.05.2010, rendered by the learned Single Judge holding that the departmental proceedings and criminal proceeding could be held simultaneously because both of them operate in different fields. The standard of proof and the preponderance of probabilities is entirely different. It has been concluded that a decision in a criminal case, acquitting a person will have no bearing to the departmental proceedings when the charges have been established after following the procedure laid down for holding such an enquiry. 2. In the present case, the appellant was permitted full participation in the departmental proceedings, affording to him an LPA No. 1311 of 2010 (O&M) -2- opportunity for adducing evidence or cross-examining the witnesses. The appellant might have refused to avail the same but that would not amount to any illegality because once the opportunity has been given then the principles of natural justice could not deem to be violated. We are further of the view that the appellant has also availed the remedy of filing civil suit in which order of compulsory retirement passed by the respondent-Nigam was challenged. The matter travelled up to this Court in RSA No. 1541 of 2005, which was decided on 15.09.2008. The present proceedings are complete misuse of the process of the Court and therefore, in any case, neither the writ petition nor the instant appeal would be maintainable 3. Accordingly, the appeal fails and the same is dismissed. (M.M. KUMAR) JUDGE (T.P.S. MANN) JUDGE March 28, 2011 Atul