PYNHUNLANG M. SYIEM Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard learned Senior Counsel Mr. ND Chullai assisted by Mr. B Khyriem appearing on behalf of the petitioner as well as learned Addl. Senior Government Advocate Mr. K. Khan appearing on behalf of the respondents.

(2.) The petitioner's case in a nut shell is:-

(3.) Learned senior Counsel Mr. ND Chullai appearing on behalf of the petitioner submits that the petitioner was charge-sheeted under section 376 Penal Code along with other charges and the petitioner is working in the Police Department, so the question arise whether the departmental proceedings and the trial in a serious case can go simultaneously. He further submits that as far as various decisions of the Honourable Supreme Court in serious cases, departmental proceedings and trial cannot proceed simultaneously. On the other hand, learned State Counsel submits that, this is the case whether departmental proceedings as well as the trial can proceed because it does not fall under a grievous offence such as POCSO Act etc. He also referred Capt. M. Paul Anthony Vs. Bharat Gold Mines Ltd. and Another, 1999 (82) FLR 627 (SC).