SHIVAJI MAHADU PAGAR Vs. SARVANGIN VIKAS MANDAL

JUDGEMENT

(1.) THESE two petitions under Article 226 of the Constitution of India challenge the convening of a departmental enquiry on the ground that a criminal prosecution is pending. The law governing these cases is now well settled, but before adverting to the position in law, the circumstances giving rise to these proceedings may, briefly, be set out.

(2.) THE petitioner in Writ Petition No. 1702 of 2000 is serving as a Clerk in a school which is being run by the 1st respondent in the district of Nashik. The petitioner in the companion writ petition, being Writ Petition No. 1714 of 2000, is the Head Master of the School. On 23-11-1999, a complaint was lodged by a library assistant working in the school alleging that on 18-11-1999 while she and certain other staff members were attending a school camp at Nashik, she was taken to the room where the Head Master of the school was staying by the petitioner in the 1st petition and another lady staff member. The complainant alleged that the two members of the staff left the room on some pretext after which the Head Master, who is the petitioner in the 2nd petition, raped her. The Head Master is alleged to have threatened the complainant against divulging what had happened to her to any person.

(3.) ON 25-2-2000, a show cause notice was issued by the President of the 1st respondent to the petitioners in the two petitions before us ("the petitioners") calling upon them to show cause as to why disciplinary proceedings should not be adopted against them. These notices were replied to by the petitioners respectively on 7-2-2000 and 8-2-2000. Following this, charge-sheets have been issued on 13-3-2000 to the petitioners for the purpose of convening disciplinary proceedings. The charges against the petitioners include the charge relating to the commission of the alleged rape on a member of the staff by the petitioner in the 2nd petitions, as a result of which offences have been registered under sections 376, 354, 342 and 405 read with 34 of the Indian Penal Code. Reference has also been made to the fact that the two petitioners were in custody between 23-11-1999 and 22-12-1999. There are other charges also in respect of which the departmental enquiry is proposed to be held.