According to the GO. first cited, as soon as sufficient evidence is available in cases of misconduct by Government servant, whether such investigation is conducted departmentally or through the Police (including the Special Police Establishment), action should be taken under the Civil Services (C.C.&A.) Rules or other appropriate rules, and disciplinary proceedings should be initiated forthwith. Such departmental proceedings need not interfere with the police investigation, which may be continued where necessary. After the departmental proceedings are concluded and the penalty, if any, imposed as a result thereof, the question of prosecution should be considered in the light of such material as may have become available, as a result of the investigation.
According to the GO. second cited, where the police of their own accord have taken cognizance of an offence and initiated criminal prosecution in a Court of law, the departmental proceedings if any undertaken, should be kept in abeyance till the case is disposed of by the Court.
The Inspector-General of Police, in his letter third cited, has stated that in cases of misappropriation or embezzlement by Government servants, different departments of Government are often reporting the matter to the police, upon which a case is registered and investigation is taken up by the police. Subsequently the reporting department requests the police repeatedly to defer laying charge sheet in the cases as the departmental proceedings against the delinquent Government servant are not completed. He has, therefore, requested Government to issue instructions whether laying charge sheet could be differed in such cases.
When a Government servant is being tried in a Criminal Court in respect of certain allegations of misconduct which amount to a criminal offence, no parallel enquiry can be held by a departmental authority in respect of the same allegations. To hold such a parallel enquiry amounts to contempt of Court. There is no legal objection, however to a departmental enquiry being conducted while the police are making an investigation; but when once a Criminal Court has taken cognizance of a criminal case, the departmental authority should stop all further proceedings. As Section 173 Cr.P.C. requires the officer in charge of a police station to lay a charge sheet as soon as the investigation is completed, the laying of a charge sheet cannot be deferred to suit the convenience of the departmental authority in completing the proceedings before him. To avoid such situations, the departments concerned should decide first whether departmental proceedings should be taken in the first instance leaving the question of criminal prosecution to be considered after the termination of the departmental proceedings or whether the matter should be straight away referred to the police for investigation and prosecution in a court of law. In case they decide upon the latter course of action, they cannot ask the police to defer the laying of the charge sheet until after the completion of the departmental proceedings.
The competent authorities are directed to take action accordingly.
