Introduction:
This case, heard in the High Court of Judicature at Patna, involves a petition filed by an employee, Ashok Kumar Sharma, seeking to halt departmental proceedings initiated against him. The employee argued that these proceedings should be stayed until the completion of a related criminal case, as both actions arose from the same set of facts, charges, and evidence.
Background:
The petitioner, Ashok Kumar Sharma, faced departmental proceedings following a charge memo dated April 13, 2017. He contended that the allegations in this charge memo were identical to those in a First Information Report (FIR) filed in a criminal case against him.
Petitioner's Argument:
The petitioner's primary argument was that the departmental proceedings should be suspended until the criminal case was concluded, due to the overlap in the charges and evidence.
Respondent's Argument:
The state's counsel argued that the allegations in the FIR and the departmental charges were distinct. They asserted that the departmental proceedings should not be halted and could proceed simultaneously with the criminal case.
High Court's Decision:
The Patna High Court, presided over by Justice Dr. Anshuman, examined the issue of whether departmental proceedings and a criminal case, both based on the same allegations, could run concurrently. The court made the following observations and decisions:
Distinct Jurisprudence: The court clarified the difference between criminal jurisprudence and service jurisprudence. It stated that criminal jurisprudence tests actions to establish guilt beyond a reasonable doubt, while service jurisprudence assesses employee conduct against the terms of their employment. Thus, the standards and tests are different.
Simultaneous Proceedings Allowed: The court held that departmental and criminal proceedings could continue simultaneously. It noted that while the events might be the same, the evaluation criteria in each case differ.
Emphasis on Distinct Findings: The court directed the authorities to ensure that the findings in the criminal case and the departmental proceedings are distinct, recognizing that they operate under different standards of proof.
Final Order:
The High Court disposed of the petition, allowing the authorities to proceed with the departmental proceedings in accordance with the law and the Bihar Government Servant (Classification, Control & Appeal) Rules, 2005.
Read the full judgement Below;
https://patnahighcourt.gov.in/viewjudgment/MTUjNjY3MCMyMDE4IzEjTg==-g9e78HAoUNo=
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