RAJEEV KHARE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This intra Court appeal takes exception to order dtd. 24/6/2021, passed by the learned Single Judge in Writ Petition No. 19661 of 2018, whereby appellant's petition has been dismissed.

(2.) The appellant-petitioner approached writ court seeking direction to the respondents to drop the departmental proceedings till conclusion of the criminal proceedings pending against him pursuant to the F.I.R. dtd. 18/9/2011. The case of the appellant-petitioner is that he was posted as Thana Incharge-cum-Traffic Inspector at Police Station Cant. District Sagar. On an allegation against him that he was illegally stopping the vehicles and forcefully extracting the money from the truck drivers, an F.I.R. at Crime No.515/2011 for offences punishable under sec. 341 and 384 of the I.P.C was registered against him at Police Station Cant. District Sagar. After investigation, the charge- sheet was filed on 30/9/2015 before the court of competent jurisdiction.

(3.) The learned Single Judge while dismissing the writ petition has noted that the criminal case for the alleged offences punishable under Sec. 341 and 384 of the I.P.C.is for the purpose of determining whether the allegations of extortion of money from the truck drivers are proved, whereas, in the departmental inquiry it is to be seen whether the appellant-petitioner has made correct entries in the General Diary or not. The learned Single Judge has also noted that though there may be some common witnesses, however, the nature of allegations and the trial of both the proceedings do not suggest that any prejudice would be caused to the appellant-petitioner if both the proceedings are conducted simultaneously. The judgment relied on by the appellant-petitioner in the case of M.Paul Anthony Vs. Bharat God Mines Ltd. and another, (1993) 3 SCC 679 was also distinguished by the learned Single Judge on the aforesaid facts.