- (1.) HEARD the parties. The appellant moved this Court in WP(S) No. 1950 of 2003 for quashing the order dated 5th April, 2003 whereby a departmental proceeding was initiated against him, in terms of the Conduct Discipline and Appeal Rules, 1978 of M/s. Coal India Limited.
(2.) THE appellant is an accused in a criminal case, being R.C. Case No. 13(A)/95(R), in which charge - sheet has already been submitted for offences under Section 7 and 13(a) read with Section 13(i) (d) of the Prevention of Corruption Act, 1988 and trial is still going on. A departmental proceeding was also initiated against the appellant, in terms of the Conduct Discipline and Appeal Rules, 1978 of M/s. Coal India Limited and charges have already been framed. In the said departmental proceeding, the appellant is alleged to have failed to maintain absolute integrity, devotion of duty and acted in a manner which was unbecoming of an officer of M/s. Coal India Limited/ Central Coal Fields Limited and was prejudicial to the image of the Company. It was also, violative of Clause 4.1(f), 4.1(it) and 4.6 of the said 1978 Rules, which amounted to misconduct.
(3.) THE counsel for the appellant placed reliance on the decision of the Apex Court in Capt. M. Paul Anthony V/s. Bharat Gold Mines Limited and another, 1999 3 SCC 679, wherein it was observed that if the departmental proceedings and to criminal case are based on identical and similar set of facts and the charge in criminal case against the delinquent employee is of a grave nature, which involves complicated question of law and fact, it is desirable to stay the departmental proceedings, till conclusion of the criminal case.;