Simultaneous disciplinary and criminal proceedings may continue unless a grave, complex charge justifies a stay to protect the defence.

Simultaneous departmental and criminal proceedings are generally permissible, and a stay of disciplinary action is justified only where the criminal charge is grave, the facts and law are unusually complex, and continuation of the enquiry would prejudice the employee's defence. Mere seriousness of the allegation is insufficient, and disciplinary proceedings should not be suspended indefinitely because fair trial concerns must be balanced against the need for prompt departmental disposal. On the facts, the criminal case did not justify a blanket stay, but the existing stay was permitted for a limited period with directions for expeditious completion of the criminal trial, after which the disciplinary proceedings would resume if the trial remained incomplete.

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Issues: Whether disciplinary proceedings against employees should be stayed pending the criminal trial arising out of the same incident.

Analysis: There is no legal bar to simultaneous departmental and criminal proceedings. A stay is justified only where the criminal charge is grave and the case involves complicated questions of fact and law, and where continuation of the departmental enquiry is likely to prejudice the employee's defence in the criminal case. The seriousness of the charge by itself is not sufficient. The Court must also balance the need for fair trial with the need for an expeditious conclusion of disciplinary proceedings, which cannot be kept in abeyance indefinitely. On the facts, the criminal allegations did not present such complexity as to warrant an unconditional and complete stay, though the prolonged pendency of the trial called for a measured approach.

Conclusion: The blanket stay of the disciplinary proceedings was not warranted, but the existing stay was allowed to continue for a limited period with a direction for the criminal trial to be completed expeditiously, failing which the disciplinary proceedings would resume.

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