YASIN KHAN Vs. O N G C

JUDGEMENT

(1.) THIS special appeal under Section 18 of the Rajasthan High Court Ordinance has been filed by Yasin Khan against the order of the learned Single Judge of this Court dt. January 25, 1993 dismissing his writ petition.

(2.) THE facts which are necessary to be noticed for the disposal of this special appeal briefly stated are that one Ramdeo Choudhary, an employee of Oil and Natural Gas Commission, lodged a complaint against the petitioner Yasin Khan, a driver in the ONGC, alleging that Yasin Khan abused and hit him for a news paper on March 16, 1982 at about 9. 15 p. m. On hearing the uproar some other employees reached the spot and they intervened in the matter. Thereupon a case under Section 341 and 323 IPC was registered against the petitioner at P. S. Girav, Distt. Barmer. After due investigation challan has been filed in the court of Munsif and Judicial Magistrate 1st, Banner. On the other hand, the Commissioner also charge-sheeted the petitioner vide memorandum dt. July 2, 1972 alleging two charges against him. The petitioner submitted a representation on September 25, 1992 requesting the Respondent No. 2 to cancel the charge-sheet on account of the pendency of criminal case but vide order dt. December 8, 1992 enquiry Officer was appointed to enquire into the charges. Aggrieved, Yasin Khan filed a writ petition in this Court. The same has been dismissed by the learned Single Judge vide order dt. January 25, 1993 observing that no prejudice is going to be caused to the petitioner from either side. Dissatisfied with the said order of learned Single Judge, the petitioner has filed this special appeal.

(3.) MR. Vijay Mehta, learned counsel for the petitioner-appellant, has submitted that the learned Single Judge has erred in rejecting the writ petition and in not staying the departmental enquiry pending the criminal case. He has placed reliance on Purshottamlal v. The State of Raj. and Anr. bearing S. B. C. Writ Petition No. 4503/92 decided on November 9, 1992 and Kusheshwar Dubey v. Bharat Coking Coal Ltd and Ors. reported in (1988-II-LLJ-470) (S. C) and Sunderlal v. State reported in 1992 (2) WLR-668.