KESHAV DUBEY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed seeking following relief:-

(2.) It is submitted by the counsel for the petitioner that on 3/2/2022 a departmental charge-sheet has been issued on the allegations that the petitioner was keeping an evil eye on girls of Class 12th and he also tried to touch them on the pretext of correcting their chunni. Accordingly, it is alleged that the charge levelled against the petitioner amounts to serious misconduct within the definition of Rule 3(1)(2)(3) and Rule 23 of Madhya Pradesh Civil Services (Conduct) Rules, 1965 and is punishable under Madhya Pradesh Civil Services (Classification, Control and Appeal) Rules, 1966.

(3.) This petition has been filed mainly on the ground that a criminal charge-sheet has also been filed against the petitioner and criminal trial is pending in the Sessions Court. Charges levelled against the petitioner in the criminal case as well as in the departmental enquiiry are identical, therefore, if the respondents are permitted to proceed with the departmental enquiry, then it may disclose his defence and, therefore, the further proceedings in the departmental enquiry be kept in abeyance till the criminal trial is concluded.