Chhattisgarh HC Lets Police Employee’s Departmental Inquiry Continue, But Defers Common Witnesses Until They Testify In Criminal Trial

The petitioner challenged a departmental charge sheet and sought its setting aside

At the hearing, both parties submitted that the issue had already been considered in WPS No. 7565 of 2026, where the Court directed that examination of witnesses common to the departmental inquiry and pending criminal case be deferred until those witnesses had been examined by the criminal court

The Court treated the issue in the present petition as identical

Departmental and criminal proceedings may ordinarily continue simultaneously because they are distinct and apply different standards of proof. There is no absolute rule requiring a departmental inquiry to be stayed during a criminal trial.

However, deferment may be warranted where the criminal charge is grave, the factual issues and evidence substantially overlap, and continuation of the inquiry risks prejudicing the employee’s defence in the criminal case. The relief should be confined to what is necessary to protect the fairness of the criminal trial and should not unnecessarily impede disciplinary proceedings

The Court referred to Capt. M. Paul Anthony v. Bharat Gold Mines Ltd., (1999) 3 SCC 679; Divisional Controller, KSRTC v. M.G. Vittal Rao, (2012) 1 SCC 442; Stanzen Toyotetsu India (P) Ltd. v. Girish V., (2014) 3 SCC 636; State Bank of India v. Neelam Nag, (2016) 9 SCC 491; Avinash Sadashiv Bhosale v. Union of India, (2012) 13 SCC 142; and Shashi Bhushan Prasad v. Inspector General, C.I.S.F., Civil Appeal No. 7130 of 2009, decided on 1 August 2019

No statutory provision was identified in the judgment

The Court accepted the parties’ joint submission that the issue was identical to the one decided in WPS No. 7565 of 2026 and, having considered the facts, applied the directions in that case

It did not direct that the entire departmental inquiry be stayed or that the charge sheet be set aside. Instead, it limited the protection to deferring the examination of witnesses who were also cited in the pending criminal case, preserving the continuation of the departmental proceedings in accordance with law

The writ petition was allowed and disposed of. The departmental proceedings may thereafter continue in accordance with law and applicable service rules

The judgment did not grant the requested relief of setting aside the charge sheet