CT. KRISHANKUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE question that calls for determination in these writ petitions is whether there is any bar to, or prohibition against, initiating simultaneous criminal proceedings and disciplinary proceedings.

(2.) THE factual matrix giving rise to the above question is as follows.

(3.) ON 2.7.2006 at 22:05 hours in the night the passenger Kuldeep Panwar lodged an FIR against the petitioners at Police Station GRP, Saharanpur vide FIR No. 111/06 under Sections 384/342/504/506/323 IPC alleging therein that the escorting party had forcibly confined him and snatched Rs. 500/= from his pocket and threatened him of grave consequences if he revealed this incident and was then let off at Sirhind Station. Copy of the FIR registered at Saharanpur was transmitted to RPF Post, Delhi and on the basis of the said FIR, the petitioners were placed under suspension on 4.7.2006. On 6.7.2006 the petitioners were dismissed from service in exercise of powers conferred under Rule 161(ii) RPF Rules, 1987 stating that it was not reasonably practicable to hold an enquiry under Rule 153 RPF Rules before imposing the punishment.