Guddu Yadav vs The State Of Madhya Pradesh
2021 Latest Caselaw 5454 MP

                                                         1                                WP-7699-2021
                              The High Court Of Madhya Pradesh
                                         WP-7699-2021
                                    (GUDDU YADAV Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                      3
                      Jabalpur, Dated : 15-09-2021
                             Heard through Video Conferencing.
                             Shri O.P.Dwivedi, learned counsel for the petitioner.
                             Shri Utkarsh Agarwal, learned Panel Lawyer for the respondents/State.

Issue notice to the respondents on payment of process fee within seven working days by RAD mode, failing which this petition shall stand

dismissed automatically without further reference to the Bench.

Heard on the question of interim relief.

It is pointed out that on the same set of facts, the criminal proceedings are initiated against the petitioner and an FIR has been registered at Crime No.422/2020 on 09.11.2020 for the offence punishable under Section 305 of IPC and Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act, 1989 and the same is pending for consideration. On the same set of facts the departmental inquiry was also initiated against the petitioner wherein the charge sheet (Annexure P/5) has been issued to the petitioner. He has placed

reliance upon the judgement passed by the Supreme Court in the case of Capt. M. Paul Anthony vs Bharat Gold Mines Ltd. & Anr. reported in 1999 (3) SCC 679 and as argued that in such circumstances, normally departmental inquiry should be stayed. He has further relied upon the judgement passed by the co-ordinate Bench of this Court in W.P.No.14716/2021 dated 12.08.2021 wherein the judgment passed in the case of Capt.M. Paul Anthony (supra) was considered. This Court has stayed the proceedings of the departmental inquiry initiated against the petitioner.

Counsel appearing for the State has contended that both the proceedings are separate proceedings and as per the settled law of

Signature Not provisions the departmental inquiry and the criminal case can go SAN Verified

Digitally signed by SMT SHALINI SINGH LANDGE Date: 2021.09.16 17:27:14 IST 2 WP-7699-2021 simultaneously. But he could not dispute the fact that the judgment was passed in Capt.M. Paul Anthony (supra). In such circumstances, departmental inquiry initiated against the petitioner is directed to be kept in abeyance till the next date of hearing.

List the matter in the week commencing 08.11.2021.

                                                                             (VISHAL MISHRA)
                                                                                  JUDGE


                      Sha




Signature
 SAN      Not
Verified

Digitally signed by
SMT SHALINI
SINGH LANDGE
Date: 2021.09.16
17:27:14 IST