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Judgment
The following prayer has been made in the present writ petition:-- (a) To issue writ in the nature of Mandamus directing the respondents especially respondent No. 2 to stay the disciplinary proceedings pending against the petitioner till the disposal of the case arising out the FIR No. 01/2010 dated 9.1.2010 registered with Police Station Dharamshala under the provisions of Sections 7 and 13(2) of the Prevention of Corruption Act and further which is pending before the trial Court at Dharamshala.
(b) To issue writ in the nature of mandamus directing for the speedy and expeditious trial of the case arising out of above mentioned FIR in a time bound manner.
In the present writ petition this Court was pleased to pass ah order dated 21.8.2012, which reads as below:--
2nd respondent to file affidavit as to what was the delay in completing the disciplinary proceedings. Learned senior counsel, on instruction, submits that the inquiry has already been completed. The alleged incident is of the year 2010.
It is well settled that for the same offence/incident in addition to criminal proceedings, disciplinary proceedings may also be proceeded by the Department concerned if required and even if criminal proceedings come to an end, then State Government is always free to proceed with the disciplinary proceedings separately. Only important aspect has to be kept in mind is that for same cause a per son has not to be punished twice keeping in view the provision of Article 20(2) of the Constitution of India which says that no person shall be prosecuted and punished for the same offence more than once. In the present case, since inquiry has already been completed and even if the disciplinary inquiry has come to an end, under the circumstances, the criminal proceedings cannot be stayed. As such, the petitioner is not entitled for any relief. Accordingly, the present writ petition is dismissed. In view of the disposal of the present writ petition, the pending applications, if any, is also disposed of.