DAMODAR DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) Both the above noted writ petitions have been filed by Damodar Das. In W.P.(C) No.22946 of 2015 he sought the following reliefs:

(2.) The factual matrix of the case, in brief, is that the petitioner was working as constable in Railway Protection Force (RPF) at Rayagada. While he was so continuing, on 16/8/2013 at about 10.30 PM at Ladda Railway Station, there was theft of aluminum powder from a stabled rake of goods train, namely, "VZP/BTAP". On 17/8/2013, the local police caught hold of three accused persons with vehicle and recovered the materials, i.e., all stolen aluminum powder from their possession. Being informed about the theft, the R.P.F. officials on 17/8/2013 conducted raid over the Ladda Railway Station. The Inspector, R.P.F., Rayagada on 17/8/2013 drew and registered an F.I.R. bearing No. R.P.(UP) Case No.17 of 2013 under Sec. 3(a) of Railway Property (Unlawful Possession) Act, 1966 against unknown criminals and on the same day, he forwarded the case record to the learned S.D.J.M., Rayagada.

(3.) Mr. S.K. Das-2, learned counsel appearing for the petitioner in W.P.(C) No.16373 of 2015 contended that for the self-same allegation if the criminal proceeding is pending, the departmental proceeding should be stayed.