DEVENDRA KUMAR MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant writ petition has been preferred by the petitioner Devendra Kumar Mehta being aggrieved of the order dtd. 6/11/2019 passed by the learned Central Administrative Tribunal, Bench Jodhpur whereby, the Original Application No. 290/00190/2019 preferred by the petitioner with a prayer to stay the disciplinary enquiry instituted against him, was rejected.

(2.) The controversy involved in this matter is in a very narrow sphere. The petitioner herein (since retired) was posted as Inspector in the office of the Commissioner, Central Goods and Service Tax Commissionerate, Udaipur at the relevant point of time. An FIR came to be registered against him with the Anti Corruption Bureau on 16/5/2017 for the offences punishable under Ss. 7, 13(1)(d) read Sec. 13(2) of the Prevention of Corruption Act on a complaint filed by one Raghuraj Singh Sisodia. It is alleged that on the complaint of Shri Raghuraj Singh Sisodia, a trap was laid and a sum of Rs.25,000.00 was recovered from the drawer of the table assigned to the petitioner. After investigation, a charge-sheet has been submitted against the petitioner for the above offences under the Prevention of Corruption Act. After submission of the charge-sheet, charges have been framed and the criminal trial has commenced.

(3.) Parallel to the criminal proceedings, the respondent Department, served a departmental charge-sheet dtd. 27/6/2019 to the petitioner under Rule 14 of the Central Civil Service (Classification, Control and Appeal) Rules, 1965. The petitioner claims that the allegations as set out in the departmental charge-sheet are verbatim the same as those levelled in the criminal charge-sheet. Claiming that the continuance of the departmental proceedings may prejudice his defence in the criminal trial, the petitioner firstly filed an application to the Commissioner, Central Goods and Service Tax Commissionerate, Udaipur to keep the departmental proceedings in abeyance and when the said prayer of the petitioner was not acceded to, he approached the Central Administrative Tribunal, Bench Jodhpur through Original Application No. 290/00190/2019 for challenging the order dtd. 26/7/2019 issued by the Commissioner, CG&ST, Udaipur whereby, enquiry officer was appointed and his prayer to stay the departmental enquiry was turned down.