Court No. - 38 Case :- WRIT - A No. - 39523 of 2010 Petitioner :- Rama Shankar Respondent :- State Of U.P. & Anr. Petitioner Counsel :- Anil Kumar Bajpai Respondent Counsel :- C.S.C.,Ramendra Pratap Singh Hon'ble Shishir Kumar,J.
Learned Standing Counsel accepted notices on behalf of respondent No.1.
Sri Ramendra Pratap Singh, Advocate, accepted notices on behalf of
respondents No.2 & 3.
Learned counsel for the respondents pray for and is granted six weeks time to
file counter affidavit. Petitioner will have two weeks thereafter to file
rejoinder affidavit.
List immediately after expiry of aforesaid period.
The case of petitioner is that an FIR has been lodged against petitioner and
charge-sheet has also been submitted and criminal trial is going on. In the
meantime, department has proceeded with disciplinary proceeding.
In my opinion, departmental proceeding should not be proceeded in view of
judgement of the Apex Court being fact that in case defence is disclosed in
the disciplinary inquiry, criminal trial will be effected.
In view of aforesaid facts and circumstances, petitioner is entitled for interim
relief. Till further orders of this Court, departmental proceeding against
petitioner shall remain stayed.
Order Date :- 9.7.2010
NS