YAMUNA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The legal issue which requires consideration of this Court is that : ''whether departmental disciplinary proceedings initiated under Rule (14) 1 of U.P. Police Officers of Subordinate Ranks (Punishment and Appeal) Rules, 1991 (for short "Rules, 1991") can proceed simultaneously along with criminal proceedings initiated in pursuance of a first information lodged against same delinquent, arising out of same or similar facts?'.

(2.) Sri P.K. Upadhyay, learned counsel for petitioners and Sri J.N. Srivastava, learned Standing Counsel for the State respondents have relied upon different judgments passed by this Court and Supreme Court in support of their respective submissions. The submission of learned counsel for petitioners is that, there is an absolute bar to proceed with departmental disciplinary proceedings till the trial arising out of criminal proceedings is concluded, whereas stand of the State is that bar, if any, is not absolute. Both counsel have placed different interpretation of Regulations 486, 492, and 493 of Uttar Pradesh Police Regulations in their favour.

(3.) Learned counsel for petitioners has relied upon judgment passed by the coordinate Bench at Lucknow in Sanjay Rai Vs. State of U.P. and others and other connected cases, 2016 LawSuit(All) 3133 wherein it has been held that :-