Jitendra Kumar vs State Of U,P And Others
2021 Latest Caselaw 10035 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 7512 of 2021
 

 
Petitioner :- Jitendra Kumar
 
Respondent :- State Of U,P And Others
 
Counsel for Petitioner :- Atipriya Gautam
 

 
Hon'ble Yashwant Varma,J.

Heard learned counsel for parties.

Disciplinary proceedings have been initiated against the petitioner in terms of the provisions made in Rule 14 of the Uttar Pradesh Police Officer of Subordinate Ranks, (Punishment and Appeal) Rules, 1991. The assertion is that the charges in the disciplinary enquiry are identical to those which form subject matter of Case Crime No. 0727 of 2018. It is in the aforesaid context and in view of the judgment of the Supreme Court in Capt. M. Paul Anthony Vs. Bharat Coal Mines Ltd. [AIR 1999 SC 1416], that learned senior counsel contends that disciplinary proceedings cannot continue simultaneously.

Learned Standing Counsel appearing for the disciplinary authority, in view of the above, submits that subject to the petitioner making an appropriate application in this respect within a period of two weeks from today and all contentions on merits being kept open, the same shall be examined and disposed of in accordance with law and a final decision communicated with expedition and preferably within a period of one month therefrom.

Petition stands disposed of accordingly.

Order Date :- 10.8.2021

Arun K. Singh