Mukesh Sharma vs State Of Up And 2 Others
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Allahabad High Court

Mukesh Sharma vs State Of Up And 2 Others on 22 November, 2024

Author: Neeraj Tiwari

Bench: Neeraj Tiwari

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:183051
 
Court No. - 7
 
Case :- WRIT - A No. - 13100 of 2024
 
Petitioner :- Mukesh Sharma
 
Respondent :- State Of Up And 2 Others
 
Counsel for Petitioner :- Madhaw Pandey,Shubham Tripathi,Sr. Advocate,Vinod Kumar Mishra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Neeraj Tiwari,J.
 

The argument advanced by learned counsel for the petitioner is that allegations that have come to form basis of the departmental inquiry vide the charge sheet dated 08.08.2024 against the petitioner in connection with the Case Crime No.-0048 of 2024 in connection with which charge-sheet has already been submitted by the police and trial is going on after framing the charges.

Learned counsel for the petitioner has relied upon the judgment of this Court in the case of Sanjay Rai v. State of U.P. through Principal Secretary, Home Department, Lucknow and others (Service Single No.- 936 of 2015) decided on 28th April, 2016 and also the judgment of Supreme Court in the case of Capt. M. Paul Anthony v. Bharat Coal Mines Limited and another: AIR 1999 SC 1416 and, therefore, he submits that in the light of the provisions as contained in paragraph 492 of the U.P. Police Regulations, the department inquiry can be kept in abeyance.

Prima facie, the argument advanced by learned counsel for the petitioner appears to have substance and matter requires consideration.

Let a counter affidavit be filed within a period of four weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

Connect with Writ-A No. 14116 of 2014 (Ramanand Singh Yadav Vs. State of U.P. and 2 Others) and list on the date fixed.

Until further order of this Court, departmental proceedings initiated against the petitioner under Rule 14(1) of U.P. Police Officer of Subordinate Ranks, (Punishment and Appeal) Rules, 1991 shall remain stayed.

Order Date :- 22.11.2024/AKT