MANJULABAHEN @ MEENABEN KANJIBHAI Vs. POLICE COMMISSIONER ZONE-V

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, direction and/or order quashing and setting aside the show cause notice dated 15.5.1996 issued by the respondent No.1 and also the decision taken to proceed ahead with the departmental proceedings by order dated 14.8.1996 holding that for the very charge in the criminal proceedings, the departmental proceedings is not just and proper.

(2.) IT was the contention on behalf of the petitioner that for the very charge for which, the departmental inquiry was initiated and the show cause notice was issued, a criminal case was pending before the Competent Criminal Court and therefore, the authority should not have initiated the departmental proceedings for the same charges.

(3.) WHILE admitting the present special civil application, the learned Single Judge of this Court passed the following interim order on 19.2.1997 : -