P.BHUVANESWARI Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) The charge memo issued to the writ petitioners in proceedings dated 14.06.2018, is under challenge in these writ petitions. The charges against the writ petitioners are extracted hereunder:

(2.) The learned Senior Counsel appearing on behalf of the writ petitioners states that pursuant to the very same allegations, the criminal case was registered against the writ petitioners, the Charge Sheet numbers were assigned and the same was laid down by the Inspector of Police, Vigilance and Anti-Corruption Wing. When a criminal case is pending against the writ petitioners, the respondents ought not to have instituted the departmental disciplinary proceedings, as simultaneous proceedings are impermissible.

(3.) In the event of allowing the respondents to continue the departmental disciplinary proceedings, the right of defense provided to the writ petitioners are denied. Thus, the charge memo itself is liable to be scrapped. At the out set, it is contended that during the pendency of the criminal case, the respondents cannot proceed with the departmental disciplinary proceedings and they have to wait till the final disposal of a criminal case.