TALENDRA CHANDRAKAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner seeks for stay of the departmental enquiry on the ground that on the similar set of facts, the charge sheet has been filed under Section 376 of I.P.C.

(2.) Learned counsel for the petitioner would submit that the petitioner is served with the charge sheet in the departmental enquiry wherein on the same set of facts, the enquiry has been sought for. It is further contended that the set of witnesses for the departmental enquiry and the criminal case are one and same. Further the counsel would submit that if the departmental enquiry is not stayed then it would open up the defence of the petitioner whereby the petitioner would be seriously prejudiced in the criminal case. He placed his reliance in (2014) 3 SCC 636 and (1999) 3 SCC 679.

(3.) Per contra, learned counsel for the respondents would submit that as a matter of right since the criminal case is pending, the departmental proceeding cannot be stayed and what is complex question of law and fact are to be explained, which the petitioner has failed. Reliance is placed in (2016) 9 SCC 491 and would submit under the circumstances the departmental enquiry may not be stayed.