BHARAR LAL Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Shri Vijay Gautam, learned Senior Advocate assisted by Ms. Atipriya Gautam for the petitioner and Shri Apurva Hajela, learned Standing Counsel for the respondents.

(2.) Petitioner, who is working as Constable (Civil Police) at Reserve Police Lines, Chitrakoot, has challenged the departmental proceedings initiated against him in pursuance of departmental charge-sheet dtd. 27/4/2020, on the ground that with identical charge and on the basis of same evidence the first information report was lodged against him on 8/6/2018 and the same was registered as Case Crime No.53/2018 under Sec. 302 IPC, Police Station Kotwali Nagar, District Hamirpur. It is contended that since the allegations are identical and the basis to proceed both departmentally and in criminal trial are same, therefore, prejudice would be caused to the petitioner in case disciplinary proceedings and criminal trial are allowed to go on simultaneously. Reliance is placed upon a judgment of the Apex Court in Capt. M. Paul Anthony vs. Bharat Coal Mines Ltd. reported in AIR 1999 SC 1416 as well as State Bank of India and others vs. R. B. Sharma reported in (2004) 7 SCC 27.

(3.) Reliance is also placed upon a decision of this Court in Dhirendra Kumar Tiwari vs. State of U.P. and others being Writ Petition No.2705 of 2012, decided on 16/1/2002, in which following observations have been made:-