Civil Misc. Writ Petition No. 27724 of 2011. Case: Constable 276 C.P. Siddh Nath Mishra Vs The State of Uttar and Ors.. High Court of Allahabad (India)
| Case Number | Civil Misc. Writ Petition No. 27724 of 2011 |
| Judges | V.K. Shukla, J. |
| Issue | Evidence Act, 1872; Police Act - Section 7; Indian Penal Code - Sections 120B, 222, 223 and 224; Uttar Pradesh Police Officer of Subordinate Ranks (Punishment and Appeal) Rules, 1991 - Rules 4, 8(4) and 14(1); Uttar Pradesh Sahkari Bhoomi Vikas Bank Employees, Service Rules, 1976 - Rule 104; Uttar Pradesh Police Regulations - Regulation 492 and 493 |
| Judgement Date | May 12, 2011 |
| Court | High Court of Allahabad (India) |
Judgment:
V.K. Shukla, J.
1. Petitioner has approached this Court for following relief:
(i) To issue a writ, order or direction in the nature of certiorari quashing the department disciplinary proceedings initiated against the Petitioner under Rule 14(1) of Uttar Pradesh Police Officer of Subordinate Ranks (Punishment and Appeal) Rules, 1991, in pursuance of the order/charge sheet dated 12.1.2011, issued by the Respondent No. 4.
(ii) To issue any other writ order or direction in the nature of mandamus commanding the Respondents to stay the further departmental disciplinary proceeding initiated against the Petitioners in pursuance of the order/charge sheet dated 12.1.2011.
(iii) To issue any other suitable writ order or direction, which this Hon'ble Court may deem fit and proper in the circumstances of the case.
(iii) To award cost of this petition.
2. Brief background of the case is that Petitioner has been performing and discharging his duties as constable in civil police. First information report has been lodged against the Petitioner under Sections 222/224 and 120B I.P.C., Police Station Cantt, Varanasi, being Case Crime No. 552 of 2010. In the said criminal case, charge sheet in question has been filed and the matter earlier had been pending before the Chief Judicial Magistrate, Varanasi. Petitioner has stated that departmental charge sheet has also been issued on 12.01.2011 in order to initiate proceeding under Rule 14(1) of U.P. Police Officers of the Subordinate Rank (Punishment and Appeals) Rules, 1991 and as criminal trial is on going, departmental proceeding be stayed. At this juncture present writ peti has been filed with the prayer mentioned above.
3. Sri Amit Kumar Singh, Advocate, learned Counsel for the Petitioner contended with vehemence that in the present case, criminal case and departmental proceeding are based on same set of fact and same evidence, as such continuance of departmental inquiry, is not at all justifiable and consequentially directive be issued for withholding departmental proceeding till criminal trial is not over. For this preposition he has also placed reliance on Regulation 492 and 493 of U.P. Police Regulations as well as judgment of Hon'ble Apex Court in the case Capt. M. Paul Anthony v. Bharat Coal Mines Ltd. 1999 (3) S.C.C. 679 and 2004 (7) S.C.C. 27 State Bank of India v. R.B. Sharma and the judgment of this Court in the case of Prafulkla Kumar v. S.T. Mukhawar Civil Misc. Writ Petition No. 36479 of 2005 decided on 1.4.2011.
4. Learned Standing counsel on the other hand contended that there is no bar in simultaneous proceeding i.e. criminal proceeding and departmental proceeding can go on simultaneously as area of both departmental proceeding and criminal prosecution are altogether different and as such there is no occasion for staying departmental proceedings such writ petition be dismissed.
5. After the respective arguments have been advanced, the judgment of Hon'ble Apex Court in the case of Capt. M. Paul Anthony v. Bharat Coal Mines Ltd. AIR 1999 SC 1416 is being looked into. In the aforementioned judgment the Hon'ble Apex Court after taking into account various earlier judgments has held that departmental proceedings and proceedings in criminal case can proceed simultaneously, as there is no bar in their being conducted simultaneously, though separately. It has been further held that if the departmental proceedings and criminal case are based on similar set of facts and charges in criminal case against delinquent employees is of grave nature which involves complicated questions of fact and law, it would be desirable to stay the departmental proceedings till conclusion of criminal case. Whether complicated questions of fact and law are involved or not will depend upon the nature of...
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