Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
By means of the present petition, the petitioner has prayed for quashing of the charge sheet dated 16.03.2021, a copy of which is Annexure-1 to the writ petition. Further prayer is for restraining the respondents from conducting the departmental proceedings against the petitioner in pursuance to the said charge sheet till conclusion of the proceedings of Case Crime No.72 of 2021 under Sections 323 and 494 IPC.
Learned counsel for the petitioner contends that the petitioner is working as a Constable under the respondents and a first information report has been lodged against him vide case Crime No.72 of 2021 under the provisions of Section 323 and 494 IPC at Police Station Kotwali Dehat District Bahraich by one Smt. Priti, who has alleged that despite the petitioner being married to her, he has also entered into a second marriage with one Smt. Babita and has also beaten her. Learned counsel for the petitioner contends that subsequent thereto the petitioner has been issued with a departmental charge sheet dated 16.03.2021 on the same charges on the basis of which the first information report was lodged. Placing reliance on the judgment of the Apex Court in the case of Capt. M. Paul Anthony vs. Bharat Coal Mines Ltd. reported in AIR 1999 SC 1416, it is contended that departmental inquiry and criminal proceedings cannot proceed simultaneously. Reliance has also been placed on the judgment of this Court passed in Writ A No.6461 of 2021 in re: Shahn az Haider Zaidi Sub Inspector vs. State of U.P. and others, decided on 05.07.2021 to contend that in similar circumstances this Court after considering the law laid down by the Apex Court in the case of Capt. M. Paul Anthony (supra) has required the disciplinary authority to consider these aspects of the matter keeping in view the law laid down by the Apex Court in the case of Capt. M. Paul Anthony (supra).
Learned Standing Counsel is also of the view that the matter should be examined by the disciplinary authority as to whether the disciplinary proceedings can continue simultaneously with the criminal proceedings keeping in view the law laid down by the Apex Court in the case of Capt. M. Paul Anthony (supra).
Considering the aforesaid, the present petition is disposed off with a direction to Superintendent of Police, Bahraich i.e. respondent no.2 to examine the petitioner's grievance as noted above keeping in view the observations made by the Apex Court in the case of Capt. M. Paul Anthony (supra) within a period of three months from the date of receipt of a copy of this order which shall be verified from the official website of the Allahabad High Court.
Order Date :- 28.7.2021 A. Katiyar