- 1 - HC-KAR NC: 2025:KHC-D:14485-DB WP No. 139453 of 2020 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 28TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. WRIT PETITION NO. 139453 OF 2020 (S-CAT) BETWEEN: 1. UNION OF INDIA REPRESENTED BY ITS SECRETARY DEPARTMENT OF RAILWAYS, NEW DELHI-110001. 2. SENIOR DIVISIONAL COMMERCIAL MANAGER DIVISIONAL OFFICE, GENERAL BRANCH, CONFIDENTIAL SECTION, HUBBALLI, DHARWAD DISTRICT-580020. 3. SENIOR DIVISIONAL PERSONAL OFFICER DIVISIONAL OFFICE, SOUTH WESTERN RAILWAY, HUBBALLI, DHARWAD DISTRICT-580020. 4. SENIOR ENQUIRY OFFICER (ENQUIRY WING) GROUND FLOOR, EAST WING, Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.04 11:00:22 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14485-DB WP No. 139453 of 2020 RAIL SOUDHA, GADAG ROAD, HUBBALLI, DHARWAD DISTRICT-580020. …PETITIONERS (BY SRI. M.B. KANAVI, ADVOCATE) AND: SRI. H.HANUMAGATTI S/O. LATE CHENNAPPA AGE : 47 YEARS, HEAD TRAIN TICKET EXAMINER, SLEEPER DEPO, SOUTH WESTERN RAILWAYS, HUBBALLI, DHARWAD DISTRICT-580020. …RESPONDENT (NOTICE SERVED TO RESPONDENT) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, WRIT OF CERITORARI QUASHING THE ORDER DATED 08.01.2019 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL BANGALORE, BENCH IN O.A. NO.170/00015/2019 PRODUCED AT ANNEXURE-A IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. - 3 - HC-KAR NC: 2025:KHC-D:14485-DB WP No. 139453 of 2020 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) This writ petition filed under Articles 226 and 227 of the Constitution of India by the petitioners-Union of India and Southern Railway Authorities is directed against the order dated 08.01.2019 in OA No.170/00015/2019 passed by the Central Administrative Tribunal (for short ‘CAT’) directing the petitioners to await the conclusion of 313 proceedings in the Criminal trial Court and, on its conclusion, they may re-convey the charge sheet and its consequences against the respondent. In other words, the CAT has stayed the departmental proceedings till the conclusion of the criminal proceedings. 2. Respondent-railway employee approached the CAT with a prayer to quash Memorandum dated 23.11.2017 (Annexure-A1) by which it is proposed to hold an enquiry against the respondent under Rule 9 of the Railway Servants(Discipline and Appeal) Rules, 1968. On the same set of allegations, it is stated that proceedings in Special CC - 4 - HC-KAR NC: 2025:KHC-D:14485-DB WP No. 139453 of 2020 No.11823/2017 is initiated and the same is pending before XVII A.C.M.M., Bengaluru and it is also stated that the charge sheet is filed in the said proceedings. 3. Accepting the contention of the respondent, the tribunal allowed the application and postponed the departmental enquiry till conclusion of the criminal proceedings. 4. The impugned order of the tribunal is unsustainable and does not stand to reasons. There is no bar to initiate simultaneously both criminal proceedings as well as departmental proceedings. The degree of proof required in criminal proceedings is proof beyond reasonable doubt, whereas in departmental proceedings, the charges could be proved on the principles of preponderance of probabilities. 5. The Hon’ble Apex Court in the case of Kendriya Vidyalaya Sangathan and others v. T. Srinivas, reported in (2004) 7 SCC 442 has made it clear that there - 5 - HC-KAR NC: 2025:KHC-D:14485-DB WP No. 139453 of 2020 is no bar to simultaneously initiate both the proceedings i.e. criminal and departmental proceedings on the same set of facts and incidents and that the stay of departmental proceedings cannot be granted as a matter of course. 6. The CAT, without cogent reasons, postponed the departmental proceedings till conclusion of the criminal proceedings, which is contrary to the settled position of law. 7. For the reasons recorded above, the writ petition is allowed. The order dated 08.01.2019 in OA No.170/00015/2019 passed by the Central Administrative Tribunal, Bengaluru is quashed. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE HMB CT-CMU LIST NO.: 1 SL NO.: 47