Is it necessary to stay the departmental proceedings if a criminal case-based on the same set of facts and allegations as those involved in the departmental procecdings is pending against the delinquent?
In Capt. M. Paul Anthony v. Bharat Gold Mines Ltd. 1999 [ CLR 1094, the Supreme Court has held as follows. There is no bar in conducting departmental proceedings and proceedings in a criminal case simultaneously. If the departmental proceedings and the criminal case are based on identical and similar set of facts and the charge in the criminal case against the delinquent employee is of a grave nature which involves complicated questions of law and fact, it would be desirable to stay the departmental proceedings till the conclusion of the criminal case. If the criminal case does not proceed or its disposal is being unduly delayed, the departmental proceedings, even if they were stayed on account of the pendency of the criminal case, can be resumed and proceeded with so as to conclude them at an early date.
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