S KATHIRAVAN Vs. COMMANDANT, GROUP CENTRE, CRPF

JUDGEMENT

(1.) The relief sought for in this writ petition is to forbear the 1st and 2nd respondents from proceeding with the departmental proceedings in order No.P.VIII.2/2017-EC-2-GC AVD dated 13.06.2017 pending disposal of the criminal case registered against him in Crime No.990/2016 on the file of the Learned Judicial Magistrate No.VII, Coimbatore District.

(2.) The learned counsel appearing for the writ petitioner submits that on account of certain serious allegations against the writ petitioner, a criminal case was registered in Crime No.990 of 2016 and pending on the file of the Learned Judicial Magistrate No.VII, Coimbatore District. The criminal case is under investigation and even the charge sheet has not yet been filed. However, the departmental disciplinary proceedings are initiated against the writ petitioner, as the writ petitioner is holding the post of Constable in CRPF, Avadi which is an uniformed service. The allegation against the writ petitioner in the criminal case was that he has involved in a case of exchange of old currency and he has used the pistol for the purposes and was in possession of the pistol during the exchange of old currency. The learned counsel appearing for the writ petitioner states that it is based on the false complaint, the criminal case was registered and the writ petitioner is ready and willing to defend the case before the criminal Court. The department has simultaneously placed the writ petitioner under suspension on the ground that a criminal case was registered and pending against the writ petitioner. Thereafter, the memorandum of charges are issued by the respondent in proceeding No.P.VIII.2/2017-EC-2-GC AVD dated 13.06.2017.

(3.) The Articles of charge framed against the writ petitioner is extracted hereunder: I II V