Court No. - 6
Case :- WRIT - A No. - 23763 of 2018 Petitioner :- Amit Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arvind Kumar Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and the learned Standing Counsel.
This petition has been preferred seeking quashing of a charge-sheet issued by the respondents in exercise of powers conferred by the U.P. Police Officers of Subordinate Ranks (Punishment and Appeal) Rules, 1991.
The only ground which is pressed in support of the challenge is that a First Information Report has also been lodged in which the petitioner has been granted bail. Learned Counsel for the petitioner presently is unable to state whether a charge-sheet has been filed in the said criminal proceedings.
In view of the above and bearing in mind the fact that there is no jurisdictional challenge to the issuance of the charge-sheet, this Court finds no ground to entertain the writ petition.
Insofar as the submission of the learned counsel for the petitioner based on the decision of the Supreme Court in Capt. M. Paul Anthony Vs. Bharat Coal Mines Ltd.
1999(3) SCC 679 is concerned, it is open to the petitioner to move an application for deferral of departmental proceedings at an appropriate stage before the Enquiry Officer.
Accordingly while granting such liberty and without evaluating the merits of the application proposed to be moved, this petition shall stand disposed of.
Order Date :- 30.11.2018 LA/-