Judgment :- Aggrieved by the second show cause notice dated 19.6.2002, wherein, pursuant to a disciplinary action initiated against the members the petitioner-association, viz., Hamsa and Gunasekaran for an alleged serious misconduct for which they were charge-sheeted on 19.4.2002, and they were called upon to submit their explanation against the proposed punishment of dismissal the petitioner-association seeks the issue of a writ of Mandamus forbearing the respondents from dismissing the services of Hamsa and Gunasekaran pursuant to the second show-cause notice dated 19.6.2002 till the conclusion of criminal prosecution in Crime No.544 of 2001 on the file of the Inspector of Police, Gudalur. 2. Mr.R.Sankarasubbu, learned counsel for the petitioner-association submits that the impugned disciplinary action was initiated against the members of the petitioner-association viz., Hamsa and Gunasekaran, with regard to the cause of action, which is the subject matter in Crime No.544 of 2001 on the file of the Gudalur Police Station, Nilgiris District. 3. It is well settled in law that the departmental proceedings and the criminal proceedings can proceed simultaneously and there is no bar in taking both the proceedings simultaneously, as per the ratio laid down in PAUL ANTONY v. BHARAT GOLD MINES LTD. reported in 1999 II CTC 579. 4. If that be so, suffice it to permit the members of the petitioner-Association, viz,. Hamsa and Gunasekaran, to give an explanation to the impugned second show-cause notice, agitating all the contentions that are raised in the above writ petition, and if the explanation is not satisfactory, the punishing authority/disciplinary authority shall appoint an enquiry officer, hold an enquiry and pass appropriate final orders in the matter, based on the finding, after giving fair and reasonable opportunity to the members of the petitioner-Association, viz., Hamsa and Gunasekaran, serving the enquiry report on them, and considering their objection on such finding, within six months from the date of receipt of a copy of this order, in compliance of the principles of natural justice. Even if the enquiry is completed and the findings of the enquiry officer is against the the members of the petitioner-association, viz,. Hamsa and Gunasekaran, the same shall be kept in abeyance for a maximum period of two years from today, if the criminal prosecution is delayed unduly. Even if the enquiry is completed and the findings of the enquiry officer is against the the members of the petitioner-association, viz,. Hamsa and Gunasekaran, the same shall be kept in abeyance for a maximum period of two years from today, if the criminal prosecution is delayed unduly. On the other hand, if the findings of the enquiry officer is in favour of the members of the petitioner-association viz., Hamsa and Gunasekaran, the respondents are at liberty to take appropriate decision in the light of the enquiry report, to reinstate them in service, as there cannot be any bar to do so, and in the meanwhile, the the members of the petitioner-association, viz., Hamsa and Gunasekaran shall be at liberty to expedite the proceedings in the criminal case, viz., relating to Crime No.544 of 2001 on the file of the Gudalur Police Station, Nilgiris District. 5. If there is any undue delay in the disposal of the said criminal case for more than two years, the decision of the punishing authority/disciplinary authority shall be given effect to, after the expiry of the period of two years, but without prejudice to the right of the members of the petitioner-Association viz, Hamsa and Gunasekaran, to work out their rights thereafter, if they are acquitted on merits in the said criminal case. The writ petition is disposed of accordingly. No costs. Consequently, W.P.M.P.No.55797 of 2002 is closed.