Can the department stay the disciplinary proceeding until the conclusion of the criminal case? I am facing a departmental inquiry. The department has lodged a first information report against me on the same allegation as made in the disciplinary proceeding. Both cases are running simultaneously and I am appearing and coordinating therein. I want to stay the criminal proceedings till the conclusion of the criminal trial. Is it possible? If yes, please suggest what the procedure is?
To request a stay of the departmental proceeding until the conclusion of the criminal trial, you can submit a representation to the head of the department, requesting that the disciplinary proceedings be kept in abeyance until the conclusion of the criminal case.
However, there is no hard and fast rule to stay the departmental proceedings till the final judgement of the criminal case. But in Capt. M. Paul Anthony v. Bharat Gold Mines Ltd. [(1999) 3 SCC 679 : 1999 SCC (L&S) 810] the Supreme Court has indicated some of the fact situations which would govern the question whether departmental proceedings should be kept in abeyance during pendency of a criminal case.
The Supreme Court has held that in these situations the departmental proceeding could be stayed.
(i) Departmental proceedings and proceedings in a criminal case can proceed simultaneously as there is no bar in their being conducted simultaneously, though separately.
(ii) If the departmental proceedings and the criminal case are based on identical and similar set of facts and the charge in the criminal case against the delinquent employee is of a grave nature which involves complicated questions of law and fact, it would be desirable to stay the departmental proceedings till the conclusion of the criminal case.
If the department does not act on your representation to stay the disciplinary proceeding until the conclusion of the criminal case, you may move a writ petition in the High Court under Article 226 of the Constitution.
In the writ petition, you can request that the court may direct the department to stay the disciplinary proceeding until the conclusion of the criminal case.
If the court finds that the allegations in both proceedings are identical, it may direct the department to stay the disciplinary proceeding until the conclusion of the criminal case.
However, it’s important to note that the court’s decision will depend on the specific circumstances of your case and the facts presented before the court.
