Hawa Singh v. State of Haryana and Another

AMAN CHAUDHARY , J. (Oral)

¶1Prayer made in the present writ petition is to quash the memo dated 24.02.2023, Annexure P-1, to initiate departmental enquiry against the petitioner while there is one FIR No. 006 dated 08.02.2023 also registered on same set of allegations for commission of offences punishable under Sections 7 of the Prevention of Corruption Act (subsequently added Sections 13(1)(B), 13(2) of the Prevention of Corruption Act at Police Station State Vigilance Bureau, Gurugram, Annexure P-2.

¶2Learned State counsel submits that the issue as involved in the present case already stands decided against the petitioner in Mustaq vs. State of Haryana and others, CWP-5111-2024, on 10.04.2024, the LPA CWP-6629 of 2023 2 challenging which was also dismissed on 23.05.2024. Relevant paras of the judgment passed by the Co-ordinate Bench read thus:-"xxx xxx xxx From the above said judgments, the following principles/conclusions emerge:-

¶1Departmental proceedings and proceedings in a criminal case can proceed simultaneously as there is no bar in their being conducted simultaneously though separately. (Specific reference in this regard can be made to the judgment in case of CaAt. M. Pa41 A&t9o&y (%4A/a) (relevant portion of which is reproduced in Para 5 of the present order) and State Ba&= o" I&2$a a&2 O/%. (%4A/a) (relevant portion of which is reproduced in Para 8 of the present order)

¶2The approach and objective in the criminal proceedings and the disciplinary proceedings is altogether distinct and different inasmuch as in the disciplinary proceedings, the question is as to whether the employee is guilty of such conduct as would merit his removal from service or imposition of lesser punishment whereas in the criminal proceedings, the question is as to whether the offences registered against him are established and if established, what sentence is to be imposed upon him. (Specific reference in this regard can be made to the judgment in 5e&2/$ya V$2ya1aya Sa&gat9a& & O/% (%4A/a) (relevant portion of which is reproduced in Para 7 of the present order) and to S9a%9$ B94%a& P/a%a2 3%. I&%Aecto/ Ge&e/a1, Ce&t/a1 I&24%t/$a1 Sec4/$ty Fo/ce a&2 ot9e/%, /eAo/te2 a% 2019(7) SCC 797 and also LPA-470-2024 (relevant portion of which is reproduced in Para 10 of the present order).

¶3The mode of the enquiry, the rules governing the enquiry and trial as well as the standard of proof in criminal proceedings and in departmental proceedings are distinct and different and in a criminal case, charge has to be established beyond reasonable doubt whereas in the departmental proceedings, the charge of misconduct has to be established on the principle of "preponderance of probabilities". (Specific reference in this regard can be made to the judgment of the Hon'ble Supreme Court of India in "State o" 5a/&ata=a a&2 ot9e/% 3%. U:e%9", /eAo/te2 a% 2022 SCC O&1$&e SC 345 and LPA-470-2024 (relevant portion of which is reproduced in Para 10 of the present order). CWP-6629 of 2023 3

¶4There should be early conclusion of departmental proceedings so as to weed out any employee whose integrity/character has been put in doubt and to maintain discipline in service and efficiency of public service and also in case the employee is not guilty of any wrong doing, then his honour is required to be vindicated at the earliest. [Specific reference in this regard can be made to the judgment in the case D/.Ba1E$&2e/ 54:a/ S9a/:a'% (%4A/a) (relevant portion of which is reproduced in Para 14 of the present order) a&2 CaAt. M. Pa41 A&t9o&y (%4A/a) (relevant portion of which is reproduced in Para 5 of the present order).

¶5All the ingredients i.e., the departmental proceedings and the criminal case being based on identical and similar set of facts, charge in the criminal case being of grave nature involving complicated questions of law and facts are required to be met before the Court could consider the case of the employee for grant of stay of departmental proceedings during the pendency of the criminal case. (Specific reference in this regard can be made to the case of CaAt. M. Pa41 A&t9o&y (%4A/a); I&2$a& O3e/%ea% Ba&=, A&&a Sa1a$ a&2 A&/ (%4A/a) (relevant portion of which is reproduced in Para 6 of the present order); State Ba&= o" I&2$a a&2 O/%. (%4A/a) (relevant portion of which is reproduced in Para 8 of the present order).

¶6Whether the nature of a 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. [Specific reference can be made to the judgment of CaAt. M. Pa41 A&t9o&y (%4A/a)]. Even the question as to whether the case involves identical and similar set of facts would also have to be considered after taking into consideration the FIR, the report under Section 173 Cr.P.C. and the charges framed. [Reference in this regard can be made to the judgment of Pa/a:j$t 5a4/'% (%4A/a)] (relevant portion of which is reproduced in Para 16 of the present order)

¶7The fact that the departmental proceedings and the criminal case are based on identical and similar set of facts and the charges in the criminal case against the delinquent employee are of grave nature which involve complicated questions of law and facts also cannot be considered in isolation to stay the departmental CWP-6629 of 2023 4 proceedings and due regard must be given to the fact that the departmental proceedings cannot be unduly delayed. [Specific reference in this regard can be made to the case of CaAt. M. Pa41 A&t9o&y (%4A/a) (relevant portion of which is reproduced in para 5 of the present order) and State Ba&= o" I&2$a a&2 O/%. (%4A/a).] (relevant portion of which is reproduced in Para 8 of the present order)

¶8Before granting stay of the departmental proceedings, special facts of the case are required to be mentioned, warranting stay of departmental proceedings. (Specific reference in this regard can be made to the judgment of 5e&2/$ya V$2ya1aya Sa&gat9a& & O/% (%4A/a) (relevant portion of which is reproduced in Para 7 of the present order).

¶9In case all the above parameters are met and the stay of the departmental proceedings has been granted, then also in case, the criminal case is being unduly delayed, the departmental proceedings can be resumed and proceeded with so as to conclude them at an early date. (Specific reference in this regard can be made to the judgment of CaAt. M. Pa41 A&t9o&y'% ca%e (supra) (relevant portion of which is reproduced in Para 5 of the present order)."

¶3Learned counsel for the petitioner has not been able to controvert the above and draw out any distinctive aspects in the aforementioned judgment or cite any contrary law.

¶4In view of the above, the present petition is hereby dismissed. (AMAN CHAUDHARY) JUDGE August 14, 2024 dinesh Whether speaking : Yes/No

CWP-6629 of 2023 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 231 CWP-6629 of 2023 Date of Decision:14.08.2024 Hawa Singh ....Petitioner Versus State of Haryana and others .....Respondents CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY **** Present: Ms. Jasleen Kaur Chhibber, Advocate, for Mr. Ankur Lal, Advocate, for the petitioner. Mr. Dushyant Saharan, AAG, Haryana ****