IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Revision No. 6648 of 2008
Date of Decision : December 02, 2008
S.C. Sapra
.....Petitioner
Versus
State of Haryana and others
.....Respondents
CORAM : HON'BLE MR JUSTICE T.P.S. MANN
Present : Mr. Kishan Lal Goel, Advocate
T.P.S. MANN, J.
Challenge in the revision filed under Article 227 of the
Constitution of India is to the order passed by Additional Civil Judge
(Senior Division), Gurgaon dated 10.10.2008 and by Additional District
Judge, Gurgaon dated 18.11.2008, whereby the application filed by the
plaintiff-petitioner under Order XXXIX Rules 1 and 2 read with Section
151 C.P.C. was dismissed and the appeal thereafter filed by him also
stands dismissed.
According to the petitioner, he was working as a Lecturer in
Government Post-Graduate College, Sector-9, Gurgaon and a false
complaint was lodged against him by father of a student alleging therein
that on 15.12.2005, when the student went to attend her tuition at his
house, she was alleged to have been sexually harassed by the petitioner.
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The student, however, managed to escape and narrated the facts to her
parents, who lodged a complaint with the Principal of the College and
also to the police. The allegations in the complaint were baseless and
manipulated and concocted by father of the student, who was made a tool
by the retired Principal of Government College, Mehrauli Road, Gurgaon
because the petitioner had earlier deposed against the retired Principal on
16.12.2005 before Additional Deputy Commissioner, Gurgaon about
certain irregularities committed by the said Principal. On the basis of the
complaint, the police had also registered an F.I.R. under Section 354
I.P.C. against the petitioner. At the same time, the defendants/respondents
sent a notice to the petitioner to participate in a preliminary enquiry to be
held on 18.9.2008 and directed the petitioner to bring his wife as well
during the said proceedings. However, the petitioner was ill and,
therefore, sought an adjournment. The charge contained in the F.I.R. and
the preliminary enquiry were same and identical, therefore, cross
examination involved in cases would also be the same. In case, cross
examination was made in preliminary/departmental enquiry, it would
expose the proposed defence of the petitioner in the criminal case and
adversely affect his rights. He, accordingly, prayed for a decree for
permanent injunction so as to restrain respondents from holding
departmental/preliminary enquiry till the conclusion of the criminal case.
Along with the suit, the petitioner also filed an application for the grant of
ad interim injunction in his favour and against the respondents, but as
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mentioned above, the same was declined by the learned trial Court which
was upheld in appeal by learned lower appellate Court.
Learned counsel for the petitioner submitted that no
complaint, whatsoever, was made by the girl student, rather it was made
by her father and, that too, in collusion with a retired Principal of
Government College against whom the petitioner had deposed on
16.12.2005 by appearing before Additional Deputy Commissioner,
Gurgaon about certain irregularities committed by her as Principal of the
College in question. It is also submitted that no misconduct, as alleged,
had taken place within the premises of the College and, therefore,
departmental proceedings could not be initiated against the petitioner.
Finally, it was submitted that departmental proceedings were being
conducted after a period of two years and nine months from the date of
the alleged incident and in case the petitioner is required to be associated
in the same, that would expose his defence in the criminal case pending in
the Court against him under Section 354 I.P.C.
Though, the petitioner is being tried in a case under Section
354 I.P.C. but that by itself is no ground to order the stoppage of the
departmental proceedings as they can go on simultaneously with the
criminal trial. In Indian Overseas Bank, Anna Salai and another v. P.
Ganesan and others, 2008(2) Service Laws Reporter 385, it was held by
the Hon’ble Supreme Court that departmental and criminal proceedings
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can proceed simultaneously and standard of proof in disciplinary
proceedings and, that in a criminal trial, are different.
Only a preliminary enquiry is being conducted by the
Department. There is no rule or law that such proceedings had to be
initiated and completed within a particular time frame. Moreover, the
petitioner is not going to suffer, if he is asked by the Department to join in
the preliminary enquiry. Similarly, even if the allegations against the
petitioner pertain to an incident which had taken place in his house and
not in the premises of the College, that is no ground to accept the prayer
of the petitioner for the grant of an interim injunction so as to stall the
departmental proceedings. At the relevant time, the petitioner was posted
as a Lecturer in Government Post-Graduate College, Sector-9, Gurgaon.
He was said to have sexually harassed one of the girl students, who had
been coming to his house for attending tuition. Keeping in view the status
of the petitioner and his posting as a Lecturer in a College, a case was
prima facie made out for requiring him to participate in the preliminary
enquiry initiated in that respect.
Learned lower Courts have, rightly found that no prima facie
case was made in favour of the petitioner and the balance of convenience
was also not in his favour and he would not suffer any irreparable loss or
injury in case the injunction was not granted during the pendency of the
trial.
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No case for interference is made out in the findings arrived at
by the learned lower Courts, as the same do not suffer from any illegality
or infirmity.
The revision is without any merit and, therefore, dismissed.
However, nothing stated above, shall be construed as an
expression on the merits of the case.
( T.P.S. MANN )
December 02, 2008 JUDGE
satish
Whether to be referred to the Reporters : YES / NO