Anil Singh Bhadoriya vs The State Of Madhya Pradesh
2021 Latest Caselaw 6174 MP

                           HIGH COURT OF MADHYA PRADESH,
                                 BENCH AT GWALIOR

                                         WP No. 20868/2021
              ( Anil Singh Bhadoriya Vs. The State of Madhya Pradesh & others )
                                                   (1)

              Gwalior, dated :28/09/2021
                        Shri   Prashant Sharma, learned counsel for the petitioner.
                        Shri      Vijay Sundram, learned Panel Lawyer for the
              respondent-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 reproduced 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 Prachi

PRACHI MISHRA 2021.09.28 17:09:36 +05'30'