Mahendra Shrivastava vs The State Of Madhya Pradesh ...
2023 Latest Caselaw 11686 MP

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             IN THE HIGH COURT OF MADHYA PRADESH
                           AT INDORE
                            WP No. 23940 of 2022
(MAHENDRA SHRIVASTAVA Vs THE STATE OF MADHYA PRADESH SPECIAL SECURITY ARMED FORCE
                                    AND OTHERS)

Dated : 25-07-2023
      Shri Ashutosh Sharma, learned counsel for the petitioner.

      Shri Tarun Kushwah, learned Govt. Advocate for respondents/State.

Heard on I.A. No.2564/2023, an application for vacating stay. Vide order dated 23.1.2023, this Court has stayed the proceedings of the departmental inquiry for a period of one year in the light of the judgment passed

by the apex Court in the case of State Bank of India V/s. Neelam Naag : (2016) 9 SCC 491.

Learned counsel for the petitioner submits that the charge-sheet has been filed and the charges have been framed and now the case is fixed for prosecution witnesses.

All the prosecution witnesses are Govt. employees/complainant and they are also the witnesses in the departmental inquiry and if the petitioner is required to cross-examine them, his defence would be disclosed. The allegation against the petitioner is that while he was in service, he was associated with the advisory

company. There is no allegation against him that he has misappropriated the Government money while discharging his duties. The trial itself can be concluded if the prosecution keeps its witnesses present in the Court.

The period of one year is yet to be completed, therefore, I.A. No.2564/2023 is rejected. This Court shall consider for continuation of stay after expiry of period of one year on the basis of progress in the trial. The petitioner is directed to cooperate in the trial and he will not seek any

adjournment.

List in the last week of January, 2024.

(VIVEK RUSIA) JUDGE

Alok

Digitally signed by ALOK GARGAV Date: 2023.07.25 19:38:31 +05'30'