RAGHUVIRSINGH KANJIBHAI JHALA Vs. DEPUTY COMMISSIONER OF POLICE

JUDGEMENT

(1.) By way of the present Special Civil Application under Article 226 of the Constitution of India, the petitioner, against whom chargesheet was issued, has prayed for an appropriate writ, direction or order directing the respondents not to proceed with the departmental inquiry initiated against him pursuant to the order dated 29.11.2006.

(2.) It appears from the record that, this Court directed the office to issue notice upon the petitioner as the learned advocate appearing on behalf of the petitioner was elevated to the Bench of this Court, and it is reported that notice was issued by the Registry, the petitioner is served, and though served nobody appears on behalf of the petitioner.

(3.) It appears from the record that the main contention on behalf of the petitioner was that for the very charges criminal prosecution was initiated and therefore departmental inquiry should not have been initiated for the same charges. Considering the Judgment of the Hon'ble Supreme Court in the case of State of Rajasthan Vs. B.K. Meena and Others, AIR 1997 S.C. Page 13, this Court refused to grant interim relief. In view of the aforesaid decision of the Supreme Court, the petitioner is not even entitled to any final relief as the departmental inquiry was not stayed and the said inquiry must have been over and final order must have been passed. Under the circumstances, this Special Civil Application is dismissed. Rule is discharged. No costs.