Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
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B SHAJIMA   05 February 2020

vigilance case

can i get a stay from high court for departmental enquiry for govt.employee whether the trial is going on district court in vigilance case


 2 Replies

Siddhartha Mishra (Director)     05 February 2020

you can try

Joy Bose   05 February 2020

No, according to section 19(3)(c) of the Prevention of Corruption Act, 1988, there can be no stay order placed while a vigilance case is proceeding in a court of law. The only way to stay the proceeding is through section 482 of the CrPC. However the Supreme Court in a case has said this about Section 482 of the CrPC

 Satya Narayan Sharma vs the State of Rajasthan, the court stated that

Thus in cases under the Prevention of Corruption Act there can be no stay of trials. We clarify that we are not saying that proceedings under Section 482 of the Criminal Procedure Code cannot be adapted. Inappropriate cases proceedings under Section 482 can be adapted. However, even if a petition under Section 482 Criminal Procedure Code is entertained there can be no stay of trials under the said Act. It is then for the party to convince the concerned Court to expedite the hearing of that petition. However merely because the concerned Court is not in a position to take up the petition for hearing would be no ground for staying the trial even temporarily".

Feel free to ask any further question 

Joy Bose


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