INDRESHPAL SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) The petitioners have challenged the departmental chargesheet dtd. 27/11/2021 on the ground that the charges in the departmental proceedings were the same to the charges which were framed in the criminal case which arose from case crime no.121 of 2021, under Sec. 384/211 I.P.C. along with the added Ss. 120B, 167, 211, 323,342,379,504 and 506 I.P.C. and 7/13 Prevention of Corruption Act, Police Station Kotwali Dehat,District Etah.

(2.) Learned counsel for the petitioners relying upon the judgements of the Apex Court in the cases of Capt. M. Paul Anthony vs. Bharat Coal Mines Ltd. reported in AIR 1999 SC 1416 and State Bank of India and others vs. R.B. Sharma reported in (2004) 7 SCC 27 submitted that simultaneously both criminal and civil proceedings against them could not be undergone. Learned counsel for the petitioners also relied upon a decision of this Court in Dhirendra Kumar Tiwari vs. State of U.P. and others passed in Civil Miscellaneous Writ Petition No. 2705 Of 2012 decided on 16/1/2012 in which following observations have been made:-

(3.) The judgment in the case of Capt. M. Paul Anthony vs. Bharat Coal Mines Ltd. 1999 ( 3) S.C.C. 679 (Supra) has been followed in the case of State Bank of India and others Versus R.B. Sharma 2004 (7) S.C.C. 27 . Relevant paragraphs 7,8 and 11 are being quoted below:-