Criminal case, departmental enquiry can’t coexist: HC

Raipur: The Chhattisgarh high court has ordered a stay on departmental enquiry proceedings against a police inspector, who is already facing a criminal case while stating that criminal case and departmental enquiry cannot co-exist.The single bench Judge Justice Parth Prateem Sahu also observed that the coexistence of both proceedings as gross violation of a Supreme Court order and called the departmental enquiry “contaminated”.Abhishek Pandey and Ghanshyam Sharma, counsels for petitioner Rajendra Yadav, 48, resident of Bilaspur, submitted that the petitioner is facing criminal trial under Section 376(2)(n) (repeatedly raping the same woman) of the IPC. After the criminal proceedings, the police department has also initiated departmental enquiry against petitioner with most of the same witnesses.On the complaint of the survivor, Durg’s Amleshwar police registered a criminal case against Yadav, who was posted in Durg at that time and presented the challan before the Judicial Magistrate First Class (JMFC), Bhilai. In the meantime, Durg superintendent of police initiated a departmental enquiry against Yadav on the same charges. following this, Yadav filed a petition in the high court.The counsels submitted that if the witnesses are examined in the departmental proceedings, it will cause prejudice to defend the criminal case. Therefore, the departmental proceedings should be stayed during the pendency of the criminal case.In support of their contention, the counsels placed a Supreme Court judgment in the case of M Paul Anthony vs Bharat Gold Mines Ltd in 1999 and Stanzen Toyotetsu (P) Ltd vs Girish V and others in 2014.Considering the submission of the counsels for the petitioner, the high court directed that further proceedings of departmental enquiry against the police inspector should be stayed till the next date of hearing and listed the case for hearing immediately after five weeks.
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