Allahabad High Court Allows Simultaneous Trial & Departmental Inquiry Against Employee Caught Stealing ₹260 From India Govt Mint

Observing that allowing delinquent employee to continue in service without consequence will promote a culture of lack of accountability, the Allahabad High Court has allowed simultaneous criminal trial & departmental inquiry against employee caught stealing from India Government Mint.Justice Ajay Bhanot held,“The petitioner is charged with the misconduct of theft of government money from the Government of India Mint. Permitting the petitioner to continue who charged with serious misconduct to function as if it was business as usual instead of exposing him to expeditious departmental procedures will not be conducive to institutional interests of the Government of India Mint, and rule of law in the department.”The bench added,“Staying on departmental enquiry in the facts of this case will promote a culture of lack of accountability, and create a sense of immunity in the delinquent official who has prima facie committed gross acts of departmental misconduct.”Petitioner, as Assistant-Grade III in India Government Mint, NOIDA, was allegedly caught stealing 13 coins of Rs. 20 denomination on 19.12.2024 by the on duty security personnel of the CISF. FIR was lodged by one Harpal Singh, Assistant Sub Inspector, CISF on 20.12.2024 at 2.02 AM. Chargesheet has been filed before the trial court on 27.12.2024.Meanwhile, departmental enquiry was initiated against the petitioner and chargesheet was drawn on 03.12.2024. Subsequently, petitioner was suspended. Challenging the suspension, petitioner argued that during the pendency of criminal proceedings, disciplinary proceedings cannot proceed. The Court referred to Capt. M. Paul Anthony v. Bharat Gold Mines Ltd. & Anr., where the Supreme Court held that there is no bar in simultaneously conducting criminal and disciplinary proceedings. It further held that where the issues are grave in nature and involve both questions of facts and law, then the disciplinary inquiry must be stayed till conclusion of the criminal proceedings. The Apex Court also held that if there is undue delay in the criminal trial then departmental proceedings can resume and be concluded at an early date and if the employee is found then he must be let go. Further, relying on Eastern Coalfields Limited and Ors. v. Rabindra Kumar Bharti and State Bank of India and Ors. v. P. Zadenga and other Supreme Court judgments, Justice Bhanot held,“Procedures in a criminal trial are rigorous and elaborate as opposed to more summary procedures adopted in departmental enquiry proceedings. The standards of evidence applicable to departmental enquiry are lower vis a vis to criminal trial. Departmental proceedings and criminal trials operate in different fields to achieve their distinct purposes…”It held that less rigour is involved in disciplinary/ departmental inquiries to ensure that they are concluded within a limited time frame. However, if such inquiries are allowed to be stretched and the delinquent employee is allowed to work and draw salary for long periods then it has very grave consequences for departmental efficiency, image and discipline. Taking note of the long delays in conclusion of criminal trials and their pendency, the Court observed that“In these circumstances, inordinate delay in the trial will lead to indefinite stay of departmental enquiry proceedings. The disciplinary enquiry cannot be kept pending indefinitely without end of the criminal trial in sight.”Noting that the employee was allegedly caught stealing from the India Government Mint which is engaged in sensitive transactions, the Court allowed the criminal trial and disciplinary proceedings to proceed simultaneously.“Evil consequences flowing from the stay of departmental proceedings will far outweigh gains of stalling the departmental proceedings on ground of pendency of criminal case,” observed the Court while directing that the inquiry should be completed within 3 months. Case Title: Anand Kumar v. Union Of India And Another [WRIT – A No. - 1738 of 2025]Click Here To Read/Download Order

Allahabad High Court Allows Simultaneous Trial & Departmental Inquiry Against Employee Caught Stealing ₹260 From India Govt Mint

Upasna Agrawal

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