AJAY KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The initiation of the departmental enquiry and the issuance of the charge-sheet is what is under challenge in the present writ petition.

(2.) The contention of the petitioner is that on the same set of facts and with the same set of witnesses, the petitioner is already facing a criminal case for the offence punishable under Ss. 354 and 323 of Indian Penal Code along with the provisions of Sec. 8 of the Protection of Children from the Sexual Offences Act, 2012.

(3.) The contention of the petitioner is that the initiation of the departmental enquiry on the same set of facts would amount to disclosing of the defense of the petitioner, which may have an adverse impact on the outcome of the criminal case initiated against him and it would have a serious repercussion and also it may cause prejudice to the interest of the petitioner. Accordingly, the petitioner prays for the departmental enquiry to be stayed till the outcome of the criminal case.