Allahabad High Court High Court

Mohammad Umar vs State Of U.P. And Others on 14 July, 2010

Allahabad High Court
Mohammad Umar vs State Of U.P. And Others on 14 July, 2010
Court No. - 38

Case :- WRIT - A No. - 40500 of 2010

Petitioner :- Mohammad Umar
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 petitioner and learned Standing Counsel.

Learned Standing Counsel is granted a month’s time to file counter affidavit.
Learned counsel for the petitioner will have, two weeks, thereafter, to file a
rejoinder affidavit.

List thereafter.

Learned counsel for the petitioner 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. Petitioner made an application before
the competent authority to stay the disciplinary proceeding.

In view of the fact that in case petitioner discloses the evidence in the
disciplinary poceeding, the criminal proceeding pending before the Criminal
Court will be affected.

In view of the aforesaid facts and circumstances of the present case, petitioner
is entitled for interim relief.

Till further order of this Court, the departmental proceeding against the
petitioner shall remain stayed.

Order Date :- 14.7.2010
Pr/-