DEPUTY INSPECTOR GENERAL OF POLICE Vs. P SHANMUGASUNDARAM

JUDGEMENT

(1.) THE respondent, Sub-Inspector of Police, preferred writ petition for stay of departmental proceeding pursuant to charge memo dated 25th May, 2007, issued by the Deputy Inspector General of Police, Coimbatore. Grievance was made that for the same very set of facts criminal proceedings were initiated against the respondent and pending before the criminal court of of competent jurisdiction. Learned single Judge, giving reference to a decision of this Court in Indian Overseas Bank V. P. Ganesan (2006 (1) CTC 689), allowed the writ petition by impugned order dated 10th July, 2007, giving rise to the present appeal preferred by the disciplinary authority.

(2.) LEARNED counsel appearing for the State submitted that the judgment in P. Ganesan (supra) on which learned single Judge relied has already been reversed by the Supreme Court in Indian Overseas Bank V. P. Ganesan (2008 (1) SCC 650 ). The stand taken by the learned counsel for the respondent is that even if the said judgment has been reversed, in view of catena of decisions of Supreme Court for the same set of facts and law and evidence, both the criminal case and departmental proceeding having lodged/initiated, the departmental proceeding should await the decision in the criminal case.

(3.) WE have heard the learned counsel for the parties and noticed their rival contentions.