SHUBHAM THAKUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner, a Constable, seeks abeyance of the departmental proceedings initiated against him till the final decision of the criminal case arising out of FIR No. 66 of 2020 registered against him at Police Station Ghumarwin, District Bilaspur, H.P.

(2.) Petitioner was appointed as a Constable in Police Department and was posted in 4th India Reserve Battalion, Jangal Beri, District Hamirpur. On 03.07.2019, he was deployed for duty at BCP Sansari Nala, District Chamba. During the leave period of petitioner, on 16.04.2010, an FIR No. 66 of 2020 was registered against him under Section 188 of the Indian Penal Code and Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act at Police Station Ghumarwin, District Bilaspur for possessing 1.00 gms. of Heroin. Petitioner was released under the provisions of Section 41-A of the Code of Criminal Procedure. Considering that petitioner, an employee of law enforcement agency, was found involved in an illegal activity tentamounting to grave mis-conduct, unbecoming of a police officer, therefore, he was placed under suspension and regular departmental inquiry under Police Rules was ordered against him on 17.04.2020. Summary of Allegations in the departmental inquiry was served upon him on 24.04.2020. Immediately thereafter, instant petition has been preferred by the petitioner.

(3.) Learned counsel for the petitioner argued that in the facts and circumstances of the case, pending criminal trial, the departmental inquiry initiated against the petitioner is liable to be stayed. Learned counsel further submitted that challan in the criminal case arising out of FIR No. 66 of 2020 has been presented before the competent Court on 24.08.2020. Witnesses in the criminal case would be the same as in the disciplinary proceedings. The disciplinary proceedings and the criminal case are based upon same set of facts, allegations and evidence. The entire defence of the petitioner would, therefore, be prejudiced in case disciplinary proceedings are not stayed during the pendency of the criminal case.