LUKESHWAR VERMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Aggrieved by the decision of the respondents in initiating a disciplinary proceeding and also ordering for conducting of a departmental inquiry, the present writ petition has been filed.

(2.) The brief facts relevant for the adjudication of the present writ petition are that the petitioner was working under the respondents as a Subedar(M)/Steno-typist. On 19/5/2021 an F.I.R. was lodged against the petitioner for the offence punishable under Sec. 498A of the Indian Penal Code. Subsequently, charge sheet was filed on 6/7/2021 and the petitioner now stands convicted for the offence both under Sec. 498A and 323 of IPC. Now the Department has issued a charge-sheet on 6/7/2021 (Annexure P/4) for departmental inquiry.

(3.) Counsel for the petitioner submits that perusal of the contents of charge-sheet and on perusal of the allegations leveled in the F.I.R., it would reflect that the contents are same. He drew the attention of this Court to the list of witnesses cited in the criminal case as also in the departmental enquiry and submitted that the main witnesses before the two proceedings also are the same. According to the petitioner, since in the departmental enquiry the witnesses to be examined in the criminal case are same and in case if their statements are recorded in the departmental enquiry ahead of the evidence being recorded in the criminal case, the very defence of the petitioner before the Criminal Court would get disclosed and it may have an adverse baring to the criminal case and which can also be detrimental to the interest of the petitioner. He thus prayed for stay of the departmental enquiry pending the criminal case. The counsel for the petitioner relied upon a couple of orders passed by this Court in WPS No. 8018/2018 decided on 5/12/2018 and also in WPS No. 5252/2020 decided on 14/12/2020.