Q:I was working as an upper division clerk in the accounts department of a public sector undertaking. In June this year, the CBI arrested me on the alleged ground that I had received bribe/ illegal gratification 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 until disposal of the criminal case. What does the law say in this matter? I am in a dilemma and in a confused state of mind. 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 a criminal case are based on 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 on 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 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.

However, please note that in a recent case reported in (2004) 3 Current Labour Reports 4, where the employee was also charged with having received illegal gratification, the Supreme Court allowed the departmental enquiry to proceed simultaneously with the crinimal case.