Neutral Citation No. - 2023:AHC:210941
Court No. - 34
Case :- WRIT - A No. - 18475 of 2023
Petitioner :- Brajesh Kumar Yadav
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Anil Kumar
Counsel for Respondent :- C.S.C.
Hon'ble Ajit Kumar,J.
1. Heard learned counsel for the parties.
2. By means of this petition filed under Article 226 of the
Constitution of India, petitioner prays for quashing the
departmental proceedings initiated pursuant to the
chargesheet dated 14.10.2023 on the ground that the
charges are same as alleged in the first information report
which is in connection with Case Crime No.0051 of 2023
under Section 7 of the Prevention of Corruption Act, 1988
and therefore, on the principle of law laid down by the
Supreme Court in the case of M. Paul Anthony vs. Bharat
Gold Mines Ltd. and Anr. reported in (1999) 3 SCC 679
and paragraph 293 of the U.P. Police Regulations, the
departmental proceeding could not await the result of the
criminal trial.
3. Learned Standing Counsel on the contrary defends the
chargesheet for the charges leveled therein as they relate to
the corruption.
4. In the given facts and circumstances, petitioner is
permitted to move an appropriate application before the
disciplinary authority raising the question of maintainability of
the departmental proceedings within a period of four weeks
from today and in the event any such application is made
disciplinary authority shall proceed to examine and decide
the same by means of reasoned and speaking order without
further proceeding in the matter of departmental enquiry.
5. With the aforesaid observations and directions, this
petition stands disposed of.
Order Date :- 3.11.2023
Deepika