Rajasthan Vs. B.K. Meena & ors.2 , Capt. M. Paul Anthony Vs. Bharat Gold Mines Limited3 , Kendriya Vidyalaya Sangathan & ors Vs. T. Srinivas4 and Hindustan Petroleum Corporation Ltd. Vs. Sarvesh Berry5 have laid down the various parameters to be taken into consideration, when discretion is to be exercised in such matters. Therein, amongst other matters, it has been held that in serious cases like acceptance of illegal gratification, Competent Authority may proceed with the departmental action taking into consideration the desirability of continuing the Government servant in service. Only in a case where it is established that the charge in the criminal case is of a grave nature and complicated questions of fact and law are involved, it would be desirable to stay the departmental proceedings till the conclusion of the criminal case. For taking such decision, the nature of offence, the material collected against the Government servant during the investigation or as reflected in the chargesheet would be some of the relevant factors. Even in such a situation, if it is found that the criminal case does not proceed or is unduly delayed, the departmental proceedings can be resumed. This should be done with a view to concluding the departmental proceedings so that if the Government servant is not found guilty, his honour may be vindicated and in case if he is found guilty, the department may impose appropriate penalty.
