A RAVINDER Vs. MANAGING DIRECTOR FCI BARAKHAMBA LANE

JUDGEMENT

(1.) Heard Sri C.Kodandaram, the learned senior counsel appearing for the appellant and Sri B.Anjaneyulu, the learned counsel appearing for respondents.

(2.) The appellant in this writ appeal is the petitioner in Writ Petition No.16546 of 2010.- He filed that writ petition for declaring the disciplinary proceedings initiated against him by the first respondent [Managing Director of the Food Corporation of India (FCI)] through his memorandum dated 15.04.2010 and other consequential proceedings dated 25.05.2010 and a preliminary enquiry proceedings dated 06.07.2010 of the fourth respondent as illegal on the ground of pendency of the criminal case i.e. C.C.No.35 of 2007 on the file of the Court of Special Judge for CBI cases at Hyderabad (criminal court) against him.- His plea is both the departmental enquiry and as well the criminal case are based on identical facts and evidence and the charges in the criminal case involve complicated questions of law and fact and therefore the departmental enquiry is illegal or in any event they have to be stayed or postponed till the disposal of the criminal case as the findings in it will clinch the matter one way or the other. -He also raised the plea of prejudice factor which is highlighted by his counsel.

(3.) Both sides argued the matter at length and hence an elaborate order has become necessary.- Hereinafterwards, for convenience, we shall refer to the parties as they are arrayed in the writ petition.