HC defers departmental inquiry against ASI due to similar criminal case
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Justice Ravindra Kumar Agrawal ruled that the departmental inquiry should be stayed until the examination of common witnesses in the criminal case is completed. This includes the recording of the delinquent officer's statement.
Singh approached the High Court challenging the initiation of disciplinary proceedings and a departmental inquiry against him. An FIR was lodged against the petitioner on March 18, 2025, and a chargesheet was subsequently filed in the trial court.
The department then issued a chargesheet for departmental inquiry on May 29.
The petitioner's counsel, Abhishek Pandey and Swati Kumari, argued that the allegations in both the criminal case and the departmental inquiry were identical, as were the main witnesses. They contended that recording statements in the departmental inquiry before the criminal case would disclose the petitioner's defence, potentially prejudicing his criminal trial.
They cited previous orders of the Chhattisgarh High Court.
Conversely, Anmol Sharma, Panel Lawyer for the State, opposed the petition, stating that the charges were serious and constituted misconduct under service regulations. He argued that there was no absolute bar to simultaneous proceedings and that the decision depended on the facts of each case, citing the Supreme Court's judgment in Divisional Controller, Karnataka State Road Transport Corporation vs MG Vittal Rao.
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Justice Agrawal, while acknowledging that there is no legal bar to simultaneous proceedings, emphasised the Supreme Court's consistent view that departmental inquiries should be deferred if the facts and evidence are identical to avoid complications.
The High Court observed that in the present case, the allegations in both proceedings were the same, and most of the witnesses were common. The court also noted that allowing the examination of common witnesses in the departmental inquiry prior to their examination in the criminal case could adversely affect the petitioner's defence.
Referring to other Supreme Court judgments, including Stanzen Toyotetsu India Private Limited vs Girish V & Ors (2014) and State Bank of India & Ors vs Neelam Nag and Others (2016), the court affirmed that while no "straight jacket formula" exists, deferring the departmental inquiry is appropriate when witnesses and evidence are the same.
Therefore, the High Court allowed the writ petition, directing the respondent authorities to defer the disciplinary proceedings against Singh until all common witnesses in both cases have been examined before the trial court in the criminal case. The disciplinary proceedings can then proceed.
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