By means of this writ petition the petitioner has challenged the disciplinary proceedings initiated against the petitioner on the ground that on the same charge a criminal case has also been lodged. As such, both criminal and departmental proceedings cannot be initiated.
Learned Standing Counsel, however, submits that in the present case both departmental and criminal proceedings can go on as the question of embezzlement and moral turpitude which can be dealt with only in the departmental proceedings.
The matter requires consideration.
The respondents may file counter affidavit within one month. The petitioner shall have one week thereafter to file rejoinder affidavit.
List after the expiry of the aforesaid period.
Learned counsel for the petitioner submits that since the departmental proceedings have been initiated, the petitioner will be terminated from service during this period.
When the writ petition is filed, notices were issued, any action during the pendency of the writ petition is always subject to the final decision of this writ petition. However, it is made clear that the departmental proceedings have not been interfered with by this Court at this stage.
Order Date :- 14.3.2014 SKM