In the High Court of Judicature for Rajasthan Jaipur Bench, Jaipur O R D E R S.B. Civil Writ Petition No.12106/2010 Mukesh Lodha Vs. National Insurance Co. Ltd. & Anr. Date of Order :: 30/08/2010 Hon'ble Mr. Justice Ajay Rastogi Mr. Mukesh Lodha, petitioner in person. Instant petition has been filed by the petitioner with the grievance that a criminal case being registered against him in which challan has been filed after sanction of prosecution was granted by the competent authority, it will be in the fitness of the things that the departmental inquiry which was initiated against him u/R.21 of the General Insurance (Conduct, Discipline and Appeal) Rules,1975 vide order dt.13.7.09 (Annx.1) based on the same facts and evidence may be kept in abeyance till the outcome of the criminal case being registered against him. Petitioner appeared in person and submits that charge levelled against him as alleged was in regard to accepting bribe from the complainant Hafiz Mohammad on whose behest FIR has been registered and challan has been filed and the departmental inquiry which has been initiated against him is also with respect to accepting bribe and if he is called upon to disclose defence during the course of departmental inquiry, that will prejudice to his right while facing prosecution in the criminal case and in these circumstances if the respondents are allowed to proceed further in the departmental inquiry, his right available under law will be defeated and that may cause prejudice to him.
The submission made by the petitioner is wholly without substance in the facts of the instant case for the reason that a criminal case has been registered against the petitioner in regard to an offence being committed under the provisions of Prevention of Corruption Act where charge is to be proved against him beyond reasonable doubt, at the same time a departmental inquiry has been initiated against him where preponderance of evidence is sufficient for holding a delinquent guilty and what is to be held in the departmental inquiry is not in regard to the offence being committed under the provisions of IPC or Prevention of Corruption Act, but in regard to the alleged misconduct which he has committed while discharging his official duty as an officer of the corporation. These are based on two different sets of evidence and in these circumstances the departmental inquiry which has been initiated against him in the facts of the instant case can be simultaneously be allowed to continue and no other material has been placed on record which could justify about list of evidence and documents which has a common bearing in the criminal case and so also in the departmental inquiry being initiated against him.
This Court does not any substance in the instant petition.
Consequently, the petition being devoid of merit is hereby dismissed.
(Ajay Rastogi), J.
VS Shekhawat/-
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