Jammu and Kashmir High Court Upholds Simultaneous Proceedings in Akhand Prakash Shahi Case

Court Validates Suspension and Departmental Proceedings Amidst Criminal Charges, Emphasizing Distinct Objectives of Each Process

In a significant ruling, the Jammu and Kashmir High Court, presided by Justice Sanjay Dhar, has validated the simultaneous progression of departmental and criminal proceedings against Akhand Prakash Shahi, an Assistant Commandant in the Border Security Force (BSF). The case stems from allegations of rape and misconduct, where Shahi is accused of committing sexual acts under false promises of marriage to a colleague, a lady Assistant Sub-Inspector (ASI).

The court's judgment, delivered on November 14, 2025, addresses two writ petitions filed by Shahi. The first challenged the initiation of departmental proceedings under Rule 173 of the BSF Rules and the continuation of these proceedings alongside a pending criminal case. The second petition contested his prolonged suspension as punitive without due inquiry.

Justice Dhar, drawing upon precedents like the Supreme Court's judgments in State of Rajasthan v. B. K. Meena and Capt. M. Paul Anthony v. Bharat Gold Mines Ltd., reiterated that departmental and criminal proceedings could proceed concurrently unless the criminal case's complexity would prejudice the employee's defense. The court emphasized that the departmental proceedings aim to maintain service discipline, distinct from the criminal process seeking to address societal violations of law.

The court found Shahi's actions, which halted the departmental inquiry, undermined his argument against prolonged suspension. It noted that the suspension resulted from the gravity of allegations and was not a punitive measure. The court also highlighted that Shahi had disclosed his defense in various legal documents, negating any claim of prejudice.

The ruling underscores the judiciary's stance on maintaining administrative discipline while ensuring legal processes are not unduly delayed. The court dismissed Shahi's petitions, lifting interim orders that had stayed the departmental proceedings.

Bottom Line:

Departmental proceedings and criminal proceedings can proceed simultaneously unless it is shown that criminal proceedings involve complicated questions of law and fact and that continuance of departmental proceedings would prejudice the employee's defense.

Statutory provision(s): Rule 173 of the BSF Rules, 1969; Article 21 of the Constitution of India

Akhand Prakash Shahi v. Union of India, (Jammu And Kashmir)(Srinagar) : Law Finder Doc Id # 2808658