S.J.MUKHOPADHAYA, J. - (1.) IT appears that a departmental proceeding has been initiated against petitioner and separate criminal case. In the case of M. Paul Anthony v. Bharat Gold Mines Ltd., the Supreme Court held as follows : - - The conclusions which are deducible from various decisions of this Court referred to above are. (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. (iii) Whether the nature of charge in a criminal case is grave and whether complicated questions of fact and law are involved in that case will depend upon the nature of offence, the nature of the case launched against the employee on the basis of evidence and material collected against him during investigation or as reflected in the charge -sheet. (iv) The facts mentioned at (ii) and (iii) above cannot be considered in isolation to stay the departmental proceedings but due regard has to be given to the fact that the departmental proceedings cannot be unduly delayed. (v) If the criminal case does not proceed or its disposal is being unduly delayed, the departmental proceedings, even if they were stayed on account of the pendency of the criminal case, can be resumed and proceeded with so as to conclude them at any early date, so that if the employee is found not guilty his honour may be vindicated and in case he is found guilty, administration may get rid of him at the earliest.
(2.) IN the present case, the respondents have initiated departmental proceeding against the petitioner for same set of fact but the charge is different. The action of the petitioner stated to be insubordination, dereliction of duty etc. which cannot be determined by any Court of criminal jurisdiction. In the circumstances, the departmental proceeding not required to await the decision of the criminal case.
(3.) THE petitioner should cooperate in the departmental proceeding and take all defence before the enquiry officer.;