JITENDER KUMAR Vs. UNION OF INDIA, THROUGH THE SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF DEFENCE, NEW DELHI AND OTHERS

JUDGEMENT

(1.) The petitioner has assailed the order dated 11.9.2017 (Annexure P-1) passed by the Central Administrative Tribunal, Chandigarh Bench (for short "CAT") dismissing O.A.No.060/01073/2017, wherein challenge was to the order dated 28.8.2017, Annexure A-1 (Annexure P-2 in the present writ petition), whereby application dated 23.8.2017 seeking stoppage of the departmental enquiry during the pendency of the trial owing to the registration of an FIR bearing No.216 dated 15.12.2015 under Sections 325 and 506 IPC, was dismissed.

(2.) Mr.Rohit Sharma, learned counsel for the petitioner submitted that the police authorities, on the basis of a complaint made by Parkash Chand, registered the FIR aforementioned. In the said FIR, the applicant petitioner was arrested on 17.12.2015, but released on bail on the same very day. The challan in the criminal case has been submitted and the matter is listed for prosecution evidence. There are total fourteen prosecution witnesses, out of which statements of seven witnesses have already been recorded. However, the petitioner was served with a charge-sheet dated 30.9.2016 (Annexure A-3). Dissatisfied with the reply filed by the petitioner denying all the allegations, an Enquiry Officer in this regard has been appointed. The authorities started disciplinary proceedings against the petitioner, which would prejudice the trial as the petitioner shall be compelled to disclose the defence.

(3.) Learned counsel for the petitioner further argued that the CAT has not appreciated the fact that the identical charges cannot run simultaneously. The authorities are required to wait for the outcome of the FIR by keeping the departmental proceedings in hold and, thus, urged this Court for modifying the order of the CAT by issuing direction to the respondent-department to keep the enquiry proceedings in abeyance.