conduct of the disciplinary
proceedings and a criminal trial simultaneously.
12. In Depot Manager, Andhra Pradesh State Road
Transport Corporation vs. Mohd. Yousuf Miyan ... holding of the disciplinary proceedings and the criminal trial
simultaneously, stay of disciplinary proceedings may be an
advisable course in cases where the criminal charge
stage this Court can examine
the documents and conduct a mini trial simultaneously. This aspect
is no more res integra. The Apex Court in Amit
with the same aspect as to whether the criminal trial and departmental proceedings should run simultaneously and also held that acquittal in a criminal case ... held that the departmental proceedings and criminal trial can run simultaneously.
45. Though there is no dispute about the proposition to the effect that criminal
Evidently the petitioners are facing two trials
simultaneously and submission of the learned counsel is that they are being
subjected to double jeopardy, which ... proceedings at Ranchi i.e.
G.R. No. 974 of 1996, the trial is at its fag end. The prosecution witnesses are now
likely
more serious punishment or where action is considered expedient even before the trial reaches the stage of judgment or final order it is open ... Sukhlal, Sudhir, Premchand and Nogji are examined in the court. A simultaneous trial of the two cases--(1) Criminal case No. 179/84 against Laxmilal
antithesis of each other and there cannot be a simultaneous trial of both these offences, He also relied upon a decision of this court ... charges. Similarly, the contention that these offences cannot be tried simultaneously, is also a matter which, the petitioner should have agitated by way of filing
disciplinary proceedings.
(iv) Departmental proceedings can go on simultaneously to
the criminal trial, except where both the proceedings are
based on the same ... holding of the disciplinary proceedings and the criminal trial
simultaneously, stay of disciplinary proceedings may be an
advisable course in cases where the criminal charge
thwart it.
That right is granted only at the stage of trial.
At this preliminary stage the material
produced by the complainant alone ... stage this Court can
examine the documents and conduct a mini trial simultaneously.
This aspect is no more res integra. The Apex Court
legal bar to hold the departmental proceedings and the criminal
trial simultaneously. It is indicated by them that the fact of
each case ... holding of the disciplinary proceedings
and the criminal trial simultaneously, stay of
disciplinary proceedings may be an advisable course
in cases where the criminal charge
service on 8 th July, 1992.
10. That during the course of trial the statements of PW2(Officer,
Indian Overseas Bank, Regional Office, Madurai ... case of the prosecution and the learned trial Judge
conducted simultaneous trial of all the three cases 03/1995, 04/1995
and 05/1995