ABDULLA MOHMED PATEL Vs. DISTT DEVELOPMENT OFFICER

JUDGEMENT

(1.) The petitioner in this petition under Art. 226 of the Constitution of India has prayed for quashing and setting aside of the action of the respondent in proceeding with the departmental enquiry against the petitioner even though the criminal case was pending against the petitioner before the learned Chief Judicial Magistrate, Bharuch. The petitioner has further prayed for declaration that the action of respondent in proceeding with the departmental enquiry while criminal case was already pending against the petitioner was arbitrary, unjust and illegal. The petitioner has further sought the direction of this Court to the respondent not to proceed with the departmental inquiry so long as the criminal case pending against the petitioner in the Court of the learned Chief Judicial Magistrate, Bharuch was not decided by the competent Criminal Court.

(2.) The petitioner has prayed for the interim relief to the effect that the respondent should be restrained from proceeding further with the departmental inquiry against the petitioner on the basis of the charge-sheet dated 27.6.1989 till the criminal case pending against the petitioner in the Court of the Chief Judicial Magistrate, Bharuch was finally decided. The Rule was issued by this Court on 19.7.1989 and ad interim relief was granted in" terms of Para 10(E) of the petition. The said ad interim relief was made interim relief till further orders on 17.10.1989.

(3.) This petition has come up for hearing today before this Court. The facts, as are emerged from the present petition, are that the petitioner was serving as Block Extension Educator at Primary Health Centre, Vagra under the District Panchayat, Bharuch and at the time when the petition was filed the petitioner was under suspension since 12.9.1988. The petitioner has further submitted in the petition that a complaint has been filed against the petitioner at the Dediyapada Police Station which has been registered as Crime Register No. 1-7/87. The said complaint has been filed by the Administrative Officer of the District Panchayat, Bharuch on 9.2.1987 before the Police Sub-Inspector, Dediyapada on the ground that there were certain irregularities in the Primary Health Centre at Dediyapada and that false cases of family planning operations were registered and false bills and vouchers were prepared. It was alleged in the said complaint that there was misappropriation to the tune of Rs. 29,8057- in all and that the said irregularities have been committed during the period from 7.11.1982 to 30.3.1983 by the concerned employees of the District Panchayat, Bharuch. It was further submitted by the petitioner that the concerned Police Officer recorded the statements of the persons allegedly involved in the said complaint and has also submitted the charge-sheet. The said criminal case was, therefore, pending in the Court of learned Chief Judicial Magistrate, Bharuch for alleged irregularities in the matter of registration of family planning cases etc. It was further submitted that during the pendency of the said criminal cases the respondent though fit to initiate departmental proceedings against the petitioner on the basis of the same irregularities as made in the criminal complaint. The petitioner was, therefore, served with the charge-sheet by the respondent's office vide order dated 27.6.1989 wherein it has been mentioned that the persons mentioned in the charge-sheet were not subjected to the family planning operations and that on the basis of, the said family planning operations having already been performed, the amount as mentioned in the charge-sheet has been misappropriated.