Sudhir Shrivas vs The State Of Madhya Pradesh
2022 Latest Caselaw 389 MP

           HIGH COURT OF MADHYA PRADESH,
                         W.P.No.28944/2021
             (Sudhir Shrivas Vs. State of M.P. and others)
                                   (1)


Jabalpur, dated : 07.01.2022

      Shri Sanjay Sharma, Advocate for the petitioner.
      Smt.Gulabkali      Patel,   Government       Advocate      for   the
respondents/State.

Heard on the question of admission.

The grievance of the petitioner is that a charge-sheet has been issued to the petitioner for the alleged misconduct and at the same time a criminal case has also been registered against the petitioner before the competent criminal court, therefore, two parallel proceedings for the same set of facts/charges are not permissible under the law, therefore, the charge-sheet/suspension order deserves to be quashed/stayed.

Learned counsel for the respondents State submitted that in the present case charge-sheet has not been filed as yet in the criminal matter nor the charges have been framed, therefore, it would be premature for the petitioner to pray for stay of the criminal proceedings. Even the charges have not been framed till date so as to ascertain the fact that on the similar set of facts, parallel proceedings are continuing. Therefore, he prays for stay of the departmental enquiry in the light of the Apex court judgment in the case of M/s Stanzen Toyotetsu India P.Ltd vs. Girish V & Ors. reported in (2014)3 SCC 636.

Heard learned counsel for the parties and perused the record. It is not in dispute that the FIR has been lodged against the petitioner and disciplinary proceedings have also been initiated against him. For staying the departmental enquiry proceedings atleast charge- sheet ought to have been filed and charges ought to have been framed. Only on the basis of charges, it cannot be said that criminal proceedings have been initiated. The petition is premature. In any case, it is a settled proposition of law that there is no legal bar to conduct the disciplinary proceedings and the criminal trial simultaneously when seriousness of charge leveled against the employee is of important consideration.

In view of the aforesaid discussion, this Court does not find any HIGH COURT OF MADHYA PRADESH, W.P.No.28944/2021 (Sudhir Shrivas Vs. State of M.P. and others)

merit in the case. Accordingly, the same is dismissed at the admission stage itself.

(S.A.Dharmadhikari) Judge HS

HEMANT SARAF 2022.01.08 17:57:16 +05'30'