Madras HC: Criminal case no bar on disciplinary action

The Madras High Court has ruled that a criminal prosecution against a government employee does not prevent the authorities from holding departmental disciplinary proceedings. A division bench of justices SM Subramaniam and N Senthilkumar set aside the October 14, 2024 order of a single judge who had stalled disciplinary action against a forest engineering superintendent, citing potential prejudice from the same set of evidence and witnesses.

The officer, T Dhanalakshmi of Dharmapuri, was arrested in 2018 by the Directorate of Vigilance and Anti-Corruption for demanding and accepting a bribe. She was suspended, and a charge memo was issued on March 3, 2023, followed by disciplinary proceedings on March 23, 2023. Her criminal trial was underway at the chief judicial magistrate court, the special court for Prevention of Corruption Act cases.

The division bench clarified that criminal prosecution addresses a breach of duty to society, while departmental inquiry maintains discipline and efficiency in public service. It stated that simultaneous proceedings are permissible unless the criminal charge involves grave and complicated questions of fact and law. The authorities' appeal was allowed, and the disciplinary proceedings can now continue.