OM PRAKASH PRASAD Vs. CENTRAL COALFIELDS LIMITED

JUDGEMENT

(1.) The petitioner in this writ application prays for, to stay the departmental proceeding, initiated against the petitioner, vide memorandum dated 10.06.2015 bearing Reference No. CCL/HOD/P -EE/Disc. Case/Opprasad/2015/11295 -300, till the pendency of the criminal case being R.C. 09 (A)/2014 -R dated 26.08.2014.

(2.) The sole question which falls for consideration in this writ application is, whether the departmental proceeding initiated against the petitioner is liable to be stayed, till conclusion of the criminal proceeding, which is pending against him.

(3.) The petitioner is an employee of Central Coalfields Limited,(hereinafter C.C.L.). The complainant,namely, Awdhesh Kumar Upadhyay was posted and working as an Assistant Store Keeper in Giddi "C" Colliery. The said complainant was working under the petitioner. It is alleged that on 24.08.2014 the petitioner called the complainant in his office and demanded a sum of Rs. 6,000/ - per month as bribe. A threat was given, to the effect that, if the demanded amount was not paid, the complainant would be removed from the diesel pump and in his place, someone else would be brought in. The complainant was being pressurized by this petitioner to pay the amount. The said complainant, having no other alternative, reported the matter to the Central Bureau of Investigation. The Superintendent of Police, C.B.I, on receipt of the said complaint, registered an F.I.R. being R.C. 09 (A)/2014 - R under Section 7 of the Prevention of Corruption Act, 1988. A trap was laid, and petitioner was alleged to have been caught red -handed, with the tainted money. After investigation, the C.B.I., filed a charge sheet, being Charge Sheet No. 14 of 2014 dated 22.10.2014, under Sections 7 and Section 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988. Charge was framed by the learned Special Judge, CBI on 22.10.2014, under Section 7 and Section 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988.