R.MADHAVI Vs. SUPERINTENDING ENGINEER

JUDGEMENT

(1.) The relief sought for in the present writ petition is for a direction to direct the first respondent to defer the enquiry as per letter dated 15.11.2018, in the disciplinary proceedings against the petitioner till the completion of examination of witnesses in C.C.No.2 of 2015 on the file of the Special Court for cases under the Prevention of corruption Act, 1988.

(2.) The writ petitioner joined in the respondent Board as Assistant Engineer and promoted to the post of Assistant Executive Engineer (Electrical). On account of certain allegations, a criminal case was registered against the writ petitioner under the provisions of Prevention of Corruption Act. Subsequently, a charge memo was also issued to the writ petitioner in proceedings dated 12.11.2014.

(3.) The grievances of the writ petitioner is that the criminal trial is in progress and examination of PW-5 is also in progress. Under these circumstances, the departmental disciplinary proceedings are to be kept in abeyance, till the disposal of the criminal case. In the event of allowing the disciplinary authority to proceed with the departmental disciplinary proceedings, the right of defense to the writ petitioner would be affected.