OM PRAKASH VERMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner, who is working as Section Officer in the Department of Home, Jharkhand, has filed this writ application wherein prayer has been made for issuance of a writ in the nature of mandamus restraining the respondent no. 3 from proceeding with the departmental proceeding till disposal of the Vigilance case no. 21 of 2000 instituted under Sections 7/13 of the Prevention of Corruption Act and further for quashing of the order as contained in memo no. 7267 dated 7.11.2007 (Annexure -6) issued by respondent no. 3 rejecting the request of the petitioner to stay the departmental proceeding until disposal of criminal case.

(2.) THE fact of the case is that the petitioner while was posted in the State of Bihar, was allegedly caught red handed while accepting bribe money, for which Vigilance case no. 21 of 2000 was instituted under Sections 7/13 of the Prevention of Corruption Act. Consequently, the petitioner was put under suspension on 7.11.2000 and after bifurcation of the State, petitioner's service was transferred to the State of Jharkhand and thereupon petitioner joined on 9.1 .2001. In course of time, petitioner's suspension was revoked on 29.4.2003. After lapse of 6 years, the respondents initiated a departmental proceeding against the petitioner and memo of charge, which is almost same as that of allegation made in the first information report, was served on 9.7.2007.

(3.) BEING aggrieved with that order the petitioner has preferred this writ application.