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1998 DIGILAW 476 (PAT)

Krishna Kant Kumar v. State of Bihar

1998-07-15

B.N.AGRAWAL

body1998
Order Heard the parties. 2. Though today the petition for grant of interim relief was placed for consideration, but both the parties stated that the main writ application itself should be heard on the point of admission and the same may be finally disposed of. 3. This writ application has been filed for giving a direction to the respondents not to proceed with departmental proceeding initiated against the petitioner unless and until criminal case filed against the petitioner, which has been registered as Pirbahore P.S. Case no. 268 of 1997 pending in the court of Chief Judicial Magistrate, Patna, is disposed of. 4. Learned counsel appearing on behalf of the petitioner submitted that charges in the departmental proceeding and criminal case are verbatim the same. Copy of the chargesheet has been enclosed as Annexure-8, to the writ application. A copy of the first information report has been enclosed as Annexure-14 to the second supplementary affidavit filed on behalf of the petitioner. 5. From a bare perusal of the aforesaid documents, it would be clear that the charges in departmental proceeding and criminal case are verbatim the same. It has been settled by the Supreme Court in the case reported in 1988 Supreme Court, 2118, that if the charges in the departmental proceeding and criminal case are the same, then in fitness of things, departmental proceeding should be stayed so long criminal case is not disposed of so that defence of the petitioner may not be prejudiced. In my view, the present case is squarely covered by the aforesaid decision of the Supreme Court and, therefore, prayer made on behalf of the petitioner has to be granted. 6. For the foregoing reasons, the writ application is allowed and it is directed that the impugned departmental proceeding initiated against the petitioner shall remain stayed so long the aforesaid criminal case filed against him is not disposed of. 7. With the aforesaid direction, this writ application is disposed of.