Court No. - 38 Case :- WRIT - A No. - 45445 of 2010 Petitioner :- Jitendra Singh Gautam Constable 07 A.P. And Another Respondent :- State Of U.P. And Others Petitioner Counsel :- Vijay Gautam Respondent Counsel :- C.S.C. Hon'ble Shishir Kumar,J.
Heard learned counsel for the petitioners and learned Standing Counsel.
Learned Standing Counsel is granted a month’s time to file counter affidavit.
Learned counsel for the petitioners will have two weeks, thereafter, to file a
rejoinder affidavit.
List thereafter.
Learned counsel for the petitioners submits that on the basis of the same
charges, criminal proceeding is still pending as well as now the disciplinary
proceeding has already been initiated. Petitioners made an application before
the competent authority to stay the disciplinary proceeding in view of the fact
that in case petitioners disclose the evidence in the disciplinary proceeding,
the criminal proceeding pending before the Criminal Court will be affected.
In view of the aforesaid facts and circumstances of the present case,
petitioners are entitled for interim relief.
Till further order of this Court, the departmental proceeding against the
petitioners shall remain stayed.
Order Date :- 4.8.2010
NS