Rajkumar Kourav vs The State Of Madhya Pradesh
2023 Latest Caselaw 1786 MP

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             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                             WP No. 29417 of 2022
            (RAJKUMAR KOURAV Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 31-01-2023
       Shri Rahul Rawat - Advocate for the petitioner.

       Shri V. P. Tiwari - Government Advocate for the respondents-State.

Heard on admission.

Petitioner is aggrieved by initiation of departmental enquiry against him. It is the grievance of petitioner that earlier charge-sheet was filed against

him for offences under sections 376(2)(n) and 323 of IPC. During pendency of trial, an instant departmental enquiry has been initiated. On same set of facts, he relied upon the judgments passed in the cases of Capt. M. Paul Antony v. Bharat Gold Mines and another reported in AIR 1999 SC 1416, Stanzen Toyotetsu India Private Limited v. Girish V. and others reported in 2014 (3) SCC 635 and State Bank of India v. Neelam Nag reported in 2016 (9) SCC 491.

It is the submission of learned counsel for the petitioner that if departmental enquiry is allowed to be continued then his defence before the

criminal trial would be rendered open and that would be prejudicial to the cause of petitioner as accused in the trial.

Issue notice to the respondents through ordinary as well as registered A/D mode on payment of process fee within seven working days, returnable within four weeks.

Till the next date of hearing, proceedings of departmental enquiry shall remain stayed.

(ANAND PATHAK) JUDGE ps

Digitally signed by PRASHANT SHRIVASTAVA Date: 2023.01.31 19:06:53 +05'30'