H R KAURAV Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner, who at the relevant time was working as a Sub Inspector, has filed this petition praying for quashing of the charge-sheet issued to him on 26-11-1990 and for a further direction to the respondents not to proceed further in the Departmental Enquiry initiated against the petitioner on the ground that the petitioner was already being prosecuted for the same charges before the competent Criminal Court in Sessions Trial No. 82/1992 pending before the first Additional District and Sessions Judge and Special Judge, Mandla. It is relevant to state that the petitioner had initially filed this petition before the madhya Pradesh State Administrative Tribunal and by interim order dated 11-9-1996 further proceedings in the Departmental Enquiry initiated against the petitioner were stayed. The interim stay, granted by the Tribunal, continues till date.

(2.) DURING the pendency of the petition the petitioner has filed an application for taking documents on record on 10-1-2002 and has placed the judgment of the First Additional District and Sessions Judge and Special Judge, mandla, dated 28-4-2000 passed in Session Trial Nos. 82/90 and 72/93 and special Case No. 28/94 on record in which the petitioner has been acquitted.

(3.) IT is submitted by the learned Counsel for the petitioner that as the petitioner has been acquitted by the Competent Criminal Court in respect of the charges which are similar and identical to the one which have been levelled against him in the departmental proceedings, the petition filed by him deserves to be allowed and the impugned charge-sheet deserves to be quashed. The aforesaid facts are not denied by the respondents.