RITU KUMAR MAHLI Vs. CENTRAL COALFIELDS LTD.

JUDGEMENT

(1.) : 1. This appeal has been preferred against the order dated 25.11.2008 passed by the learned Single Judge in W.P.(S) No. 927/2008, by which the learned Single Judge had been pleased to dismiss the writ petition and thus refused to stay the departmental proceeding against the petitioner/appellant herein, for which he had filed the writ petition.

(2.) A departmental proceeding had been initiated against the petitioner/appellant on the charge that he had produced a forged caste certificate showing him to be a member of the Scheduled Tribe, although by caste he was an OBC belonging to the caste, Yadav, and therefore, he was put under suspension and was asked to submit his explanation on the following charge:

(3.) ON the basis of the ratio of the decision referred to hereinbefore, which is relied upon by the learned Single Judge, we find no substance in this appeal as there is no bar that the departmental proceeding and the proceedings in a criminal case cannot proceed simultaneously and the instant matter cannot be bracketed in a manner which could persuade the Court to hold that the departmental proceeding cannot go on simultaneously.