Munnu Lal Maurya S/O Late Shri ... vs Food Corporation Of India
2022 Latest Caselaw 6625 Raj/2

              HIGH COURT OF JUDICATURE FOR RAJASTHAN
                          BENCH AT JAIPUR

                     D.B. Special Appeal Writ No. 594/2022

        Munnu Lal Maurya S/o Late Shri Paltu Prasad Morya
                                                                           ----Appellant
                                           Versus
        Food Corporation Of India & Ors.
                                                                        ----Respondents

For Appellant(s) : Mr. Anil Kumar Sharma For Respondent(s) : Mr. R.N. Mathur, Sr. Adv. with Mr. Om Prakash Sheoran

HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

13/10/2022

Heard.

While, learned counsel for the appellant would argue that

learned Single Judge has not considered the relevant parameters

as laid down in the case of Capt. M. Paul Anthony v. Bharat

Gold Mines Ltd. & Anr. [(1999) 3 SCC 679], dismissing the

writ petition, learned counsel for the respondents would submit

that the writ petition itself is bereft of specific grounds on which

challenge was laid to initiation of departmental enquiry, it being a

case of allegation relating to corruption in service and that the

departmental enquiry has been initiated on the allegations that

the appellant was involved in taking bribe. He would submit that in

cases relating to bribe, Hon'ble the Supreme Court in the cases of

Kendriya Vidyalaya Sangathan & Ors. v. T. Srinivas [(2004)

7 SCC 442] and Eastern Coalfields Limited & Ors. v.

(2 of 2) [SAW-594/2022]

Rabindra Kumar Bharti [(2022) SCC Online SC 445], has

allowed the departmental enquiry to continue.

Considering the submissions of learned counsel for the

parties and particularly taking into consideration the Hon'ble

Supreme Court's judgments in the cases of Kendriya Vidyalaya

Sangathan & Ors. v. T. Srinivas [(2004) 7 SCC 442] and

Eastern Coalfields Limited & Ors. v. Rabindra Kumar Bharti

[(2022) SCC Online SC 445], we are not inclined to continue

the interim order passed in favour of the appellant so as to

altogether stay the complete departmental enquiry at this stage.

The matter be listed for hearing in the last week of

November, 2022.

(VINOD KUMAR BHARWANI),J (MANINDRA MOHAN SHRIVASTAVA),ACTING CJ

SAHIL SONI /39

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