Enquiry and criminal case

surendrababu (Querist) 29 September 2011 This query is : Resolved
Departmental enquiry is under going against a person for an alleged loss of Revenue to the department. Can he be subjected to a Criminal case while the Departmental Enquiry is pending disposal?

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Guest (Expert) 29 September 2011
Dear Surendra Babu,

In fact, when some criminal case is under investigation by police, or in trial of court of law, departmental inquiry, if that in any way related to that issue needs be postponed till the outcome of the police/court case.

Shastri J.K. (Expert) 29 September 2011
Both will decide on own meriot

M.Sheik Mohammed Ali (Expert) 29 September 2011
the department having lots of rights after inquiry may decisions will made

H. S. Thukral (Expert) 29 September 2011
In normal case no stay on departmental proceedings is granted when a criminal case on same facts is in trial. It is said that the level of proving a charge in domestic inquiry is not as strict as in a criminal case. But there could be cases when DP are to be stayed. After an acquittal in criminal case, the DP can still continue and action can be taken against a delinquent employee.
It all depends upon facts of the case.

prabhakar singh (Expert) 29 September 2011
I subscribe the view expressed by Mr. Harbhajan Singh Thukral .

Sailesh Kumar Shah (Expert) 04 October 2011
I agree with common opinion of all experts.

Advocate. Arunagiri (Expert) 04 October 2011
Police case and departmental action are two different actions. Both can be parallel or consecutive.

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