KIRPAL SINGH Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) Mr. M.A. Goni, Senior A.A.G., has put in appearance on behalf of respondents. Counsel heard. Petition admitted.

(2.) With the consent of the parties, the petition is taken up for disposal.

(3.) Proceedings have been initiated against the petitioner under Sec. 494 of the RPC. These have been initiated at the instance of the first wife of the petitioner. Simultaneously, the departmental proceedings have also been initiated by the respondent-authorities. It has been brought to the notice of the petitioner that he has prima-facie committed an act of violation of J&K Government Employees conduct Rules. Reference has been made to R. 22 in the communication addressed to the petitioner on 10th Feb., 1997. The petitioner has submitted his reply. After considering the reply, the respondent-authorities have taken a decision to initiate the departmental action. This decision has been placed on record as Annedure 'F'. It is this action which is being challenged on the ground that the petitioner cannot be made to face a departmental enquiry when a criminal case is already pending.