SUNIL PILLAI Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner, a constable in Police Department, here in this writ petition under Article 226 of the Constitution of India, calls in question the initiation of a departmental enquiry in pursuance to charge sheet dated 21-9-2008, on the ground that the self same charges are being tried by the Criminal Court. Reliance is placed on the judgment rendered in the case of G. M. Tank vs. State of Gujarat and another : AIR 2006 S.C. 2129.

(2.) The facts briefly are that the petitioner while posted at P. S. Ranjhi has been subjected to a criminal case vide Crime No. 510/08 for an offence punishable under section 3/4 of the Public Gambling (Madhya Pradesh) Act, 1976 vide F.I.R. Dated 27/8/ 0 8, in respect of incident which took place on 27/8/08 when the petitioner was apprehended gambling at public place. A challan in the Court of Chief Judicial Magistrate, Jabalpur, was filed on 28/8/08. For the same act the petitioner has been subjected to a departmental enquiry when on 21-9-08 a charge sheet was issued to him.

(3.) It is this charge sheet and further proceeding, which the petitioner seeks quashment of on the anvil that both cannot go together. The petitioner has relied upon the judgment in G. M. Tank vs. State of Gujarat and another (supra) to bring home his submissions.