RAJ KUMAR @ RAJU S/O SHRI BHAGIRATHJI, BY CASTE KHATEEK, AGE 39 YEARS, R/O PANDOLI, P.S. KAPASAN, DISTRICT CHITTORGARH (RAJASTHAN), PRESENTLY LODGED IN DISTRICT JAIL, CHITTORGARH Vs. STATE OF RAJASTHAN THROUGH THE SECRETARY, GOVERNMENT OF HOME, SECRETARIAT, JAIPUR

JUDGEMENT

(1.) The prayer in the present petition is to stay the disciplinary proceedings in pursuance to the charge-sheet dated 07.02.2014 issued by respondent No.2 till the finalisation of the criminal case pending against the petitioner in the court of Additional District Judge No.2, Chittorgarh in Sessions Case No. 78/2013.

(2.) An FIR was registered against the petitioner while he was working as Constable in Reserve Police Line, Chittorgarh. The FIR was registered against him under Sections 395, 118, 119, 213, 120-B and 414 of the Penal Code on account of the fact that on 18th July, 2013, he along with other accused stopped the Truck bearing registration No.RJ-14 GB 1844 and after threatening the driver looted the doda chura. The charges were framed against the petitioner in the said criminal case. The petitioner challenged the said order of framing charge before the High Court in S.B.Criminal Revision Petition No.382/2014. The revision petition was rejected vide order dated 16th April, 2014. Thereafter, the petitioner was arrested and is presently lodged in the District Jail at Chittorgarh. Meanwhile, charge-sheet has been issued against the petitioner under Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 on 7th Feb., 2014. The said charges read as under:-

(3.) Learned counsel for the petitioner while praying for the relief mentioned above contended that the allegations in the charge-sheet issued by the department and the FIR are identical. In case, the petitioner is compelled to disclose his defence in the disciplinary proceedings, he may be prejudiced in the criminal case. The witnesses and the evidence are also same.