Rajnish Kumar vs State Of U.P. And 3 Others
2021 Latest Caselaw 7065 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 35
 

 
Case :- WRIT - A No. - 6626 of 2021
 

 
Petitioner :- Rajnish Kumar
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Devesh Mishra,Vinod Kumar Mishra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Jayant Banerji,J.

Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the State-respondents.

Learned counsel for the petitioner contends that the disciplinary proceedings against the petitioner deserves to be set aside as the criminal prosecution has been launched on the same set of facts. Learned counsel states that case of the petitioner is covered by the judgement of this Court dated 13.5.2011, passed in Writ Petition No. 27965 of 2011, a copy of which has been appended at page 102 to the petition and submits that the petitioner is entitled to the benefits claimed.

Whether disciplinary enquiry is to continue at all or not, and whether result of criminal trial is to be awaited, is to be decided, by the authority-in-charge of disciplinary matter, keeping in view the over all facts and situation as prevailing on the spot, and said issues will have to be answered within the parameters provided for in the judgment.

In view of the above, the writ petition is disposed of with a direction to the disciplinary authority to take a decision in the matter regarding staying disciplinary proceedings till conclusion of criminal trial in accordance with law, expeditiously and preferably within a period of two months from the date of filing of a downloaded copy of the order passed today before it.

Order Date :- 5.7.2021

sfa/

(Jayant Banerji, J)