Excelsior Correspondent
SRINAGAR, Dec 13: The Division Bench of High Court has upheld the writ court judgment whereby challenge of departmental proceedings against a delinquent BSF officer and his suspension for rape charges have been upheld.
The BSF officer had challenged the departmental proceedings initiated against him as also his suspension on the ground that a criminal case is already pending against him before the criminal court of law as such departmental proceedings cannot be held valid till final outcome of the criminal case.
The writ court had dismissed the plea of the officer by holding that departmental proceedings cannot be halted merely because a criminal case is pending.
The High Court had clarified that a stay is justified only where the criminal case is of a grave nature involving complicated questions of fact and law, and where continuation of disciplinary action would prejudice the employee’s defence.
The Division Bench of Justice Sanjeev Kumar and Justice Sanjay Parihar dismissed both appeals filed by the BSF officer by recording that the BSF authorities have yet to take a decision with regard to initiation of departmental/disciplinary proceeding against the appellant and that being the position, the argument of his counsel, that the criminal proceedings and the departmental proceedings cannot proceed simultaneously is premature.
“The apprehension of the appellant that he may be exposed to disclosing his defence during the court of Inquiry and that may prejudice his defence before the criminal court is also without any substance and cannot be accepted”, the court said.
With regard to suspension, the court said the same has nothing to do with the departmental proceedings which are yet not initiated by the respondents.
“The appellant is under suspension for the reason that he is facing a criminal trial before the criminal court on a charge under Section 376 IPC. For the reasons we have above and the reasons which the Writ Court has given elaborately in the judgment impugned, we find no merit in this appeal and the same is accordingly dismissed”, DB concluded.
The delinquent officer, serving as Assistant Commandant in the BSF, was booked in a criminal case under Section 376 IPC pursuant to a complaint lodged by a woman ASI. A charge-sheet was filed, and the criminal trial is underway before the competent court in New Delhi.
His higher authorities also initiated departmental proceedings against him based on a complaint submitted by the same ASI. A Staff Court of Enquiry was ordered to inquire into allegations of misconduct.
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