- (1.) The question raised in the instant petition filed under Article 226 of the Constitution is whether the disciplinary proceedings initiated against the petitioner by respondent No. 2 are liable to be stayed during the pendency of criminal trial in case F.I.R. No. 2, dated 5.1.2006, registered under Sections 7, 8, 9, 10, 12 and 13 of the Prevention of Corruption Act, 1988 read with Section 120B I.P.C., Police Station Nissing (Karnal). The prayer made in the petition is for quashing order dated 4.4.2006 (P-5) dismissing the application of the petitioner by the Enquiry Officer, refusing to stay departmental proceedings initiated against him during the pendency of the aforementioned criminal case.
(2.) Brief facts of the case are that the petitioner has been working on the post of Assistant Sub Inspector in District Karnal (Haryana). On 5.1.2006, a criminal case was registered against him by lodging F.I.R. No. 2, dated 5.1.2006 (P-1). He was suspended from service vide order dated 10.1.2006 by the Superintendent of Police, Karnal (Respondent No. 2) and Deputy Superintendent of Police (Headquarters), Karnal (respondent No. 3) was appointed as Enquiry Officer to conduct a regular departmental inquiry. On 14.3.2006, the petitioner was issued a charge sheet by the department (P-3) and the same reads as under: That you, ASI Ranbir Singh, No. 440/Karnal when posted in Police Post, Bavana as the Incharge, then on 5.1.2006, you went to the Government accommodation of Inspector Isam Singh, then S.H.O. Police Station Nissing and you had demanded Rs. 85,000/- from Inspector Isam Singh for getting extension in his service tenure. Regarding this, you had taken Rs. 85,000/- from Inspector Isam Singh and after counting the same, wrapped up the notes in a newspaper and hold the same in your right hand and when you were about to leave the place, then Inspector Isam Singh stopped you by offering you water to drink and called his servant at that moment. Shri Rakesh Duggal, HPS, Dy. Superintendent of Police (Flying Squad) of Director General of Police, Haryana, Panchkula and his associate staff had caught hold you and recovered the amount of bribe from you and Case F.I.R. No. 2, dated 5.1.2006 under Sections 7, 8, 9, 10, 12, 13 P.C. Act and 120B I.P.C. was got registered in Police Station Nissing and you were arrested along with the evidence. So, you, ASI Ranbir Singh, No. 440/Karnal have committed a grievous negligence, misconduct and an act of indiscipline by leaving your place of posting without the prior approval of your senior officers and by accepting a bribe of Rs. 85,000/- from Inspector Isham Singh after going at his Government accommodation for getting his service tenure extended, despite the fact that you are a member of the disciplined force and having knowledge of law. So, a departmental inquiry is initiated against you vide order of Superintendent of Police, Karnal issued vide No. 1635-41, dated 10.01.2006.
(3.) On 31.3.2006, the petitioner moved an application before the Superintendent of Police, Karnal, in which he prayed for stay of the departmental proceedings till the conclusion of his trial in the criminal case (P-4). The Superintendent of Police referred the application to the Enquiry Officer, who has rejected the same on 4.4.2006 (P-5) by passing the following order: The applicant A.S.I. Ranbir Singh has sought stay in holding Departmental Proceedings during the pendency of Criminal case against him. In my opinion, there is no bar in holding simultaneously Criminal proceedings and Department Proceedings as held in (i) 2002 (3) R.C.R. 773 (CAT) (ii) 2004 (1) R.S.J. 187 (iii) C.W.P. 1575 of 1999 decided on 28.8.2001 by D.B. (Pb. and Hr. High Court and the Instructions issued by the Head Office vide Memo No. 24144-24204/E(II)2, dated 26.10.2004. regarding guidance for disposal of Departmental Enquiry.;