🧑‍⚖️ PCA, 1988 & Departmental Inquiries: Can Both Run Together? | Legal Insight by Defence Lawyer скачать в хорошем качестве

🧑‍⚖️ PCA, 1988 & Departmental Inquiries: Can Both Run Together? | Legal Insight by Defence Lawyer

⚖️In this video, I explain the legal position on simultaneous departmental inquiries and criminal proceedings under the Prevention of Corruption Act (PCA), 1988, with a focus on Section 17A and Supreme Court guidelines. 🔍 Key Legal Insights Covered: ✅ Simultaneous Proceedings Both departmental and criminal proceedings can be initiated concurrently — but they must be handled with procedural care and legal prudence. ✅ No Automatic Stay The initiation of a criminal case under PCA does not automatically halt departmental action. Each situation must be assessed on a case-by-case basis. ✅ Role of the Competent Authority It's up to the competent disciplinary authority to decide whether the departmental inquiry should be stayed — based on factors like similarity of charges and complexity of issues. ✅ Section 17A - A Protective Shield This crucial section mandates prior approval before any police investigation can begin against a public servant under PCA — a safeguard against arbitrary action. ✅ Non-Identical Charges While facts may overlap, charges in departmental proceedings are typically framed under service rules and need not mirror those in the criminal case. ✅ Supreme Court Guidelines We also discuss key precedents like: M. Paul Anthony v. Bharat Gold Mines Ltd. Capt. M. Ajit Kumar v. Union of India State Bank of India v. Neelam Nag …which lay down when departmental proceedings should be stayed in the interest of justice. 📚 Whether you're a law student, public servant, or legal professional, this video offers clarity on navigating dual proceedings, ensuring procedural fairness while upholding accountability. 🎥 Presented by a practising defence lawyer, based on real case experience and authoritative legal interpretation. 🔔 Like, Share & Subscribe for more expert legal analysis, case reviews, and insights into service law, anti-corruption cases, and public servant defence strategy. 📩 For legal consultations or case discussions, contact: Dr. Jinesh Soni 📧 Email: soniarenaajmer@gmail.com 📞 Phone: +91-8209803279 / +91-9461276899 #PCA1988 #Section17A #DepartmentalInquiry #SimultaneousProceedings #LegalAwareness #DefenceLawyerIndia #PublicServantRights #CorruptionLawIndia #SupremeCourtGuidelines #CriminalVsDepartmental #IndianJudiciary #LegalEducation #justiceforall