R.P. Indoriya vs The State Of Madhya Pradesh
2021 Latest Caselaw 5280 MP

                                                          1                            WP-17383-2021
            The High Court Of Madhya Pradesh
                       WP-17383-2021
                                 (R.P. INDORIYA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

1
Gwalior, Dated : 09-09-2021
       Shri Prashant Sharma, Advocate for the petitioner.
       Shri                          Rohit     Mishra,   Additional   Advocate    General    for   the
respondents/State.

Heard on the question of admission as well as on interim relief.

Issue notice on the question of admission as well as on interim relief to the respondents on payment of process fee by RAD mode within seven working days, failing which, this petition shall stand dismissed automatically without further reference to this Court. Notice be made returnable within four weeks.

On perusal of the FIR as well as charge sheet (Annexures P/1 & P/2), prima facie it appears that the charge levelled in the FIR have been verbatim re- produced in the charge sheet issued in the departmental enquiry. According, to the Apex Court judgment delivered in the case of Captain M. Paul Anthony vs. Bharat Gold Mines Ltd. and Anr. reported in 1999 (3) SCC 679 , it has been held that if the charges are similar/ identical then the same should be kept in abeyance till conclusion of the criminal case.

In the meanwhile, till next date of hearing, it is directed that the proceedings in the departmental enquiry initiated against the petitioner shall be kept in abeyance.

Certified copy as per rules.

(S. A. DHARMADHIKARI) JUDGE

Durgekar

SANJAY Digitally signed by SANJAY N DURGEKAR DN: c=IN, o=HIGH COURT OF

N MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011,

DURGEK st=Madhya Pradesh, 2.5.4.20=148d33096a059f4adb58 4e1b0b1d3a3616b3e020c6aff92

AR 108afad476190e841, cn=SANJAY N DURGEKAR Date: 2021.09.13 11:24:46 +05'30'