D.JAYAKUMAR Vs. DIRECTOR GENERAL OF POLICE TAMIL NADU
LAWS(MAD)-2019-4-471
HIGH COURT OF MADRAS
Decided on April 04,2019

D.Jayakumar Appellant
VERSUS
DIRECTOR GENERAL OF POLICE TAMIL NADU Respondents

JUDGEMENT

- (1.) The relief sought for in this Writ Petition is for directing the respondents to defer any further progress in the departmental proceedings initiated against the petitioner in PR No.35/Tha.Pi(Va)/2018 dated 13.06.2018 by the fourth respondent and keep the same in abeyance, till the disposal of the criminal case.
(2.) The writ petitioner was working as Special Sub Inspector of Police and placed under suspension. On account of the fact that criminal case was registered against him by the department of vigilance and Anti-corruption in Cr.No.02/Ac/cc.1/2011under Section 7 of the Prevention of Corruption Act. The writ petitioner states that the criminal case registered against him is pending and during the pendency of the criminal case, the departmental disciplinary proceedings are to be kept in abeyance. The grounds raised is that in the event of simultaneous proceedings, the right of the writ petitioner to defend the department disciplinary proceedings would be prejudiced. Thus, till the disposal of the criminal case, the departmental proceedings are to be kept in abeyance.
(3.) This Court is of the considered opinion that the nature of the departmental disciplinary proceedings is different and independent. In order to convict the person under the criminal law, a strict proof is required. However, no such strict proof is required to punish an employee under the Discipline and Appeal Rules. The nature and procedure to be followed in criminal proceedings as well as the departmental disciplinary proceedings are distinct and different. This apart, there is no bar to proceed with the departmental disciplinary proceedings during the pendency of the criminal case. ;


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