Q: I was in charge of an office in the accounts department of a government company. Recently, during an audit, it was suddenly alleged that a huge sum of money had been misappropriated from the office. My employers immediately filed a criminal complaint against me, alleging that money has been defalcated from the office that was under my supervision. Thereafter, departmental proceedings were initiated against me. There is no evidence against me and the only allegation is that I was in charge of the office at the time. Both the departmental proceeding and the criminal prosecution are continuing and it is extremely difficult for me to defend both actions at the same time. Is it permissible in law for both proceedings to continue simultaneously against me? Under the circumstances, what action can I take? Please advise.

S. Banerjee, Calcutta

A: It is a well-settled proposition that there is no legal bar on an employer to initiate and proceed with a departmental enquiry against an employee even though criminal proceedings on the selfsame facts are pending against the said employee. After all, both proceedings operate in distinct jurisdictional areas and their adjudication involves different considerations and different standards of proof.

However, there have been many cases where the courts have actually intervened and stayed departmental proceedings where it appeared that if the departmental proceedings were allowed to precede the criminal trial, the employee would be forced to prematurely disclose his defence and this would irreparably prejudice his case in the criminal action and lend unfair advantage to the prosecution.

Thus, in view of the grave charges levelled against you, it is in your interest to consider applying to your employer seeking postponement of the domestic enquiry till the disposal of the criminal proceedings. If the employer is not agreeable, you can approach the courts by way of a civil suit or writ petition and seek an appropriate injunction restraining your employer from continuing the departmental proceedings in the meantime.

It is, of course, not possible to lay down an inflexible guideline or formula valid for all types of cases and each decision must depend on its facts. However, in view of the grave charges you are facing, it would appear that there are complicated questions of law, evidence and fact which need to be gone into in the criminal proceedings, and as such, it is likely that the courts will exercise its discretion in not allowing both proceedings to continue in tandem.