Mukesh Kumar vs State Of U.P. And 2 Others
2023 Latest Caselaw 35172 ALL

Allahabad High Court

Mukesh Kumar vs State Of U.P. And 2 Others on 14 December, 2023

Author: Ajit Kumar

Bench: Ajit Kumar

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:236600
 
Court No. - 34
 

 
Case :- WRIT - A No. - 20640 of 2023
 

 
Petitioner :- Mukesh Kumar
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Atul Tripathi,Preet Pal Singh Rathore
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ajit Kumar,J.
 

1. Heard learned counsel for the parties and perused the record.

2. By means of this petition filed under Article 226 of the Constitution, petitioner has questioned the show cause notice dated 24.11.2023 on the ground that charges have been levelled on the basis of allegations made in the inquiry report dated 08.11.2023 under Section 376 IPC.

3. It is submitted by the learned Advocate appearing for the petitioner that in light of the judgment of the Apex Court in the case of M. Paul Anthony vs. Bharat Gold Mines Ltd. & anr reported in 1999 (3) SCC 679, the disciplinary authority must await the decision of the judicial/criminal trial. He submits that in view of para 492 of U.P. Police Regulations, petitioner is entitled to protection by this Court in so far as criminal proceedings are concerned.

4. Lenard Standing Counsel, on the contrary, submits that the petitioner may approach the competent authority in the matter at the first instance, who may examine this aspect of the matter being advanced before this Court.

5. In view of the above, this petition stands disposed of with the direction that in the event petitioner prefers an application/representation within three weeks before the disciplinary authority raising the plea that show cause notice is based upon the same allegations as made in connection with inquiry report (supra), the departmental proceedings be stayed in view of the provisions contained under Regulation 492 of the U.P. Police Regulations, the same shall be disposed of within further period of one month on its own merit before the authority proceeds further in the matter of departmental inquiry pursuant to the show cause notice dated 24.11.2023.

Order Date :- 14.12.2023

IrfanUddin