RAM PRATAP YADAV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed for issuance of a direction to Respondents not to hold departmental enquiry pending final decision in the criminal case.

(2.) The Petitioner while posted as Inspector of Police in Jaipur District, ordered to take charge of Reserve Inspector, Police Lines. On joining duties, Petitioner started maintaining strict discipline in the Police Force which then resulted in an anonymous complaints against him. A false and motivated complaint was made by a Lady Constable alleging attempt rape. A first information report to this effect was also lodged. Pursuant to preliminary enquiry, departmental action was recommended and accordingly Petitioner was served with a charge-sheet. While departmental enquiry has been initiated against Petitioner, simultaneously a challan was filed in the court for commission of an offence under Sections 354, 323, 376/511 of the Indian Penal Code (for short the IPC) and Section 3(2)(5) of the SC/ST (Prevention of Atrocities) Act. The challenge is now to continuance of disciplinary enquiry pending criminal case on same facts. It is prayed that disciplinary action should not be continued till final decision of criminal case because disciplinary enquiry and criminal case are based on one and same facts. Reference of a circular issued by Departmental of Personnel, Government of Rajasthan dated 8.8.2001 has been made to support his argument. This is to show that even Government has taken decision not to proceed in departmental enquiry when criminal case is based on same facts.

(3.) A reference of judgment in case of Capt. M. Paul Anthony v. Bharat Gold Mines Limited and Anr., 1999 2 SLR 338 has also been given apart from the judgment in case of Kusheshwar Dubey v. Bharat Coking Coal Limited and Ors., 1988 AIR(SC) 2118