MODI VASUDEV PUNAMCHAND Vs. DISTRICT JUDGE MEHSANA

JUDGEMENT

(1.) The Writ Petitioner, in this Writ Petition, has been seeking mandamus or any other appropriate direction for quashing and setting aside the impugned order, dated 16th March, 2003, recorded by the learned District Judge, Mehsana, whereby, the prayer is for staying, the on going Departmental Inquiry, in Departmental Inquiry No.7 of 2002, against the petitioner, pending the Criminal Trial for the alleged offences punishable under Section 7, read with Sections 13 (i) (A) and 13 (ii) of the Prevention of Corruption Act, 1988, on the premise that he is likely to be prejudiced if both the proceedings continue simultaneously.

(2.) Mr.P.K.Jani, learned Advocate appearing for the petitioner, has, placed reliance on a decision of the Hon'ble Apex Court rendered in "STATE BANK OF INDIA AND ORS. V/S. R.B.SHARMA, AIR 2004 SC 4144" in support of the sole contention, which is the main basis of the writ /petition, and submitted that the continuance of Departmental Proceedings are likely to prejudice the interest of the petitioner, who is an accused before the Criminal Trial in the said case under the Prevention of Corruption Act, 1988.

(3.) The said decision is examined threadbare and the learned Advocates appearing for the parties are, also, heard on the merits, on rival contentions.