The petitioner is a Review Officer in this Court. He has been arrested on the basis of the FIR dated 2.8.2008 on the charge of murder being committed by him. He has been released on bail by this Court on 4.5.2012 in Criminal Misc. Bail Application No. 5296 of 2012. On account of the alleged involvement in a crime, the petitioner has been suspended on 3.8.2008 and a departmental proceeding has been initiated. In the departmental proceeding, charge sheet has been issued on 15.5.2012 by the Office of Special Duty (Enquiry), High Court, Allahabad, which is Annexure-5 to the writ petition. The present writ petition is being filed with the prayer that the departmental proceeding may be stayed till the disposal of the criminal case by the trial court on the ground that the evidence and material which are subject to the examination and the witnesses in the criminal proceeding would be same in the departmental proceeding and the only basis of the charge sheet is the criminal case. Reliance is placed on the decision of the Apex Court in the case of Capt. M. Paul Anthony vs. Bharat Gold Mines Ltd. and another, reported in (1999) 3 Supreme Court Cases 679.
Respondents are represent by Sri Yashwant Verma, Advocate. Counter affidavit may be filed within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.
List in the week commencing 17.12. 2012.
Till the next date of listing, the Departmental Enquiry No. 4 of 2011 shall remain stayed.
Learned counsel for the petitioner submitted that in a case crime no. 132 of 2008 the prosecution evidences are over and other evidences may also be led very soon and the evidences may likely to be closed within a month or so.
In view of the above, the trial court is directed to conclude the evidences and and the hearing expeditiously. The trial court is further directed to inform about the progress of the case to this Court before the next date fixed.
Let a copy of this order be filed by the learned counsel for the petitioner as well as by Sri Yashwant Verma, Advocate appearing on behalf of the respondents before the trial court.
Order Date :- 5.11.2012 OP