ORDER
1. Heard the parties. The appellant moved this Court in WP(S) No. 1950 of 2003 for quashing the order dated 5th April, 2003 whereby a departmental proceeding was initiated against him, in terms of the Conduct Discipline and Appeal Rules, 1978 of M/s. Coal India Limited.
2. The appellant is an accused in a criminal case, being R.C. Case No. 13(A)/95(R), in which charge-sheet has already been submitted for offences under Section 7 and 13(a) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 and trial is still going on.
3. A departmental proceeding was also initiated against the appellant, in terms of the Conduct Discipline and Appeal Rules, 1978 of M/s. Coal India Limited and charges have already been framed. In the said departmental proceeding, the appellant is alleged to have failed to maintain absolute integrity, devotion of duty and acted in a manner which was unbecoming of an officer of M/s. Coal India Limited/ Central Coal Fields Limited and was prejudicial to the image of the Company. It was also, violative of Clause 4.1(i), 4.1(ii) and 4.6 of the said 1978 Rules, which amounted to misconduct.
4. The counsel for the appellant placed reliance on the decision of the Apex Court in Capt. M. Paul Anthony v. Bharat Gold Mines Limited and Anr., (1999) 3 SCC 679, wherein it was observed that if the departmental proceedings and to criminal case are based on identical and similar set of facts and the charge in criminal case against the delinquent employee is of a grave nature, which involves complicated question of law and fact, it is desirable to stay the departmental proceedings, till conclusion of the criminal case.
5. In the present case, the appellant has been charged under the aforesaid provisions of Clause 4.1(i), 4.1(ii), 4.1 (iii) and 4.6 of the 1978 Rules, which amounted to misconduct in terms of Clause 5.0(2), 5.0(5) and 5.0(17) of the said Rules and there is nothing in the charges framed during the departmental proceeding which involved any complicated question of law and fact. The appellant is said to have failed to maintain absolute integrity, devotion of duty and acted in a manner, which is unbecoming of an officer of the Coal India Limited and/or Central Coal Fields Limited, and is prejudicial to the image of the Company being violative of Clauses 4.1(i), 4.1(ii) and 4.6 of the Rules, which amounted to misconduct.
6. In our view the charge of misconduct levelled against the appellant cannot be decided in the criminal proceeding in question and therefore, we are of the view that the present departmental proceeding against the appellant is not required to be stayed, during pendency of the criminal case.
7. In such circumstances, we find no reason to interfere with the impugned order dated 1.8.2003 passed by the learned Single Judge. The appeal is dismissed.