Q: I am an employee in a state government department. In October, 2008, a charge-sheet containing false allegations of misconduct was issued to me and disciplinary proceeding was initiated. I replied to it, dealing with each allegation and requested for a personal hearing before the enquiry officer. Without giving me a hearing, the enquiry officer submitted a report holding me guilty of some of the charges. I challenged the report by way of a writ petition and the report was quashed by the High Court in November 2010 on the grounds of breach of natural justice. Now the department has again initiated a disciplinary proceeding against me on the same allegations as before. Can I be proceeded against twice on the basis of the same allegations? Please advise.
Name withheld
A: The law in this regard is that a second enquiry is not prohibited if for some technical reason or for violation of the principles of natural justice the first enquiry or consequential punishment is held to be bad by a court of law. This is because the court in such a case does not go into the merits of the case and does not adjudicate whether the charges leveled have been established or not. It appears that in your case, the High Court set aside the first enquiry report solely on the basis that you were denied a personal hearing which amounts to breach of natural justice since nobody can be condemned unheard. The Court did not adjudicate on the merits of the case. Hence, the second domestic enquiry that has been started against you seems to be maintainable in law. I would advise you to defend the proceeding with proper legal advice. Challenging the maintainability of the proceeding, in my opinion, will not be successful.
Q: I was working as an upper division clerk in the accounts department of a public sector undertaking. In May 2010 the CBI arrested me on the charge that I had received bribe in the course of my employment. I was subsequently released on bail. Criminal charges were framed against me under the Prevention of Corruption Act and a case is pending against me in the special criminal court. The management has now decided to initiate departmental proceedings against me and has issued a memorandum of charges to me, containing charges similar to the criminal charges pending before the criminal court. My friends and colleagues have told me that the management cannot proceed against me simultaneously with the criminal case and I am entitled to have the departmental proceeding stayed till disposal of the criminal case. Is this correct? Please advise.
Name withheld
A: There is no absolute principle of law that departmental proceedings and a criminal case against a delinquent employee cannot proceed simultaneously. However, the courts have held that if the departmental proceedings and the criminal case are based on an identical or similar set of facts and the charge in the criminal case is of a grave nature involving complicated questions of law and fact, then it is desirable to stay the departmental proceedings till the conclusion of the criminal case. Whether the nature of charges in the criminal case is grave and whether complicated questions of law and fact are involved, will depend on the nature of offence and the nature of the case launched against the employee on the basis of evidence and material collected against him during investigation. However, departmental proceedings cannot be unduly delayed and if there is inordinate delay in the disposal of the criminal case, departmental proceedings, even if stayed on account of pendency of criminal case, can be resumed so as to conclude the same at an early date. The rationale is that if the employee is found not guilty, his honour may be vindicated and if he is found guilty, the management may remove him from employment at the earliest.
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