High Court of Punjab and Haryana Denies Stay on Departmental Proceedings Despite Ongoing Criminal Trials

Simultaneous Proceedings Permissible, No Legal Bar Cited, Emphasizes Court in Recent Ruling - In a significant ruling, the High Court of Punjab and Haryana has denied petitions to stay departmental proceedings despite concurrent criminal trials against the petitioners. The court, presided by Justice Vikas Bahl, emphasized the lack of any legal bar preventing simultaneous proceedings and underscored the necessity of early conclusion of departmental inquiries to maintain discipline and efficiency in public service.

Roshan Lal’s Petition (CWP-9486-2024): Roshan Lal, an Assistant Sub Inspector in Haryana Police, was accused of demanding and accepting a bribe of Rs.10,000, as documented in FIR No.59 dated 22.03.2024 under Section 7 of the Prevention of Corruption Act, 1988. He sought to stay the departmental inquiry initiated against him during the pendency of his criminal trial.

Sukhbir’s Petition (CWP-12753-2023): Sukhbir faced charges under Sections 420, 467, 468, and 471 of the IPC, accused of securing a job in the police force using forged documents as per FIR No.523 dated 10.10.2022. He too sought to halt departmental proceedings pending the resolution of his criminal trial.

Credibility of Medical Evidence: Justice Bahl noted that departmental proceedings and criminal trials can proceed simultaneously as there is no legal prohibition against such concurrent processes. He referenced several precedents to highlight that the standard of proof and objectives in criminal and departmental proceedings are distinct, with the former requiring proof beyond a reasonable doubt and the latter based on a preponderance of probabilities.

Witness Testimonies: Addressing concerns about witness testimonies being common to both proceedings, the court emphasized that departmental inquiries cannot be unduly delayed to await the outcome of criminal trials. It was stated that any potential prejudice in the criminal defense due to the departmental proceedings must involve complex questions of law and fact, which were not evident in the current cases.

The court reiterated that departmental actions are crucial for maintaining public service discipline and should proceed without unnecessary delays. It was underscored that staying departmental proceedings could lead to prolonged suspensions and financial burdens on the public exchequer.

Justice Bahl remarked, "The simultaneous conduct of departmental and criminal proceedings is permissible and necessary to ensure that public service integrity is maintained. Delays in departmental inquiries due to pending criminal cases are unwarranted unless they involve intricate legal and factual issues."

The High Court's decision to deny the stay on departmental proceedings while criminal trials are pending reinforces the judiciary's stance on maintaining service discipline and efficiency. This judgment is pivotal for public administration, ensuring that integrity and accountability within the service are upheld promptly.

Date of Decision:April 26, 2024