BIKRAM PURTI Vs. UNION OF INDIA

JUDGEMENT

(1.) Prayer of the petitioners in this application is that the departmental proceedings pending against them be quashed and/or stayed pending trial in criminal case. Petitioner No. 1 is a Head Constable and petitioner No. 2 is a Nayak in the Railway Protection Force and posted at Chakradharpur. A first information report (F.I.R) as contained in Annexure -1 to the writ application was lodged alleging, inter alia, that a theft of heavy iron materials of the railway was detected and 16 persons were arrested. During inquiry, the complicity of the petitioners also came to light and it was alleged that the petitioners had taken Rs. 50Q/- from the said thieves so as to enable them to stealthily take away the railway property. They were found covered with blankets in a second-class waiting room and a sum of Rs. 778/- was recovered from petitioner No. 1. Petitioner No. 2 also confessed his guilt that he had taken Rs. 500/- from an outsider,

(2.) On the basis of the said allegation, apart from lodging a criminal case, departmental proceedings had also been initiated against the petitioners and charge-sheets were issued against them on May 20, 1993 as contained in An-nexures-2 and 271 to the writ application. The petitioners filed a representation on May 29, 1993 that the departmental proceedings be stayed as they were facing criminal cases.

(3.) Mr. P.S. Dayal, learned Counsel for the petitioners, had submitted that in view of the decision of Hon'ble Supreme Court in Kusesh-war Dubey v. Bharat Coking Coal Ltd., reported in (1988- II-LLJ-470), departmental proceedings as against the petitioners should be stayed.