RAGHURAJ SINGH TOMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Writ as well as supervisory jurisdiction of this Court under Article 226/227 of the Constitution of India is invoked praying for the following reliefs:

(2.) Learned counsel for the rival parties are heard on the question of admission as well as final disposal.

(3.) Learned counsel for the petitioner seeks quashment of the chargsheet Annexure P-1 alleging two charges as enumerated therein on the ground that foundational incident giving rise to the said charges in the disciplinary proceedings have also given rise to criminal prosecution of the petitioner in Crime No. 200/15 vide FIR dated 29.07.2015 P-4 alleging offences punishable u/S 365, 452, 323, 294 read with Sec 34 of IPC and therefore it is submitted by placing reliance on the decision of the Apex Court in the case Stanzen Toyotetsu India P. Ltd. Vs. Girish V. and Ors. and State Bank of India and Ors. Vs. Neelam Nag, 2016 AIR(SC) 4351 that because of the foundational incident, the nature of charges and the supportive evidence in both the proceedings being common, the disciplinary proceedings be quashed or stayed till final adjudication of criminal prosecution .