LAWS(GJH)-2010-8-161

MD PATEL Vs. UNION OF INDIA

Decided On August 06, 2010
M.D.PATEL, ENFORCEMENT OFFICER Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Heard learned counsels for the parties.

(2.) It is the case of the petitioner in the petition that the petitioner was working as Enforcement Officer and CBI had caught him red-handed while demanding and accepting illegal gratification. The petitioner has been chargesheeted in the above case and also issued a charge sheet dated 18.7.2001. Petitioner approached the Central Administrative Tribunal, Ahmedabad bench by filing OA/149/04 and the Tribunal by impugned order dated 25.1.2005 dismissed the OA filed by petitioner.

(3.) Learned counsel for the petitioner emphatically urged that defence of the petitioner in criminal trial and departmental proceedings would be same because the criminal case and departmental proceedings are having the same evidence and witnesses. Learned advocate for the petitioner has submitted that as the criminal trial is likely to complete within short period and therefore, the department is directed to reconsider to proceed or not to proceed with departmental proceedings till final outcome of the trial.