Devendra Kumar Arora, J. - (1.) HEARD learned Counsel for the parties and perused the record. Learned Counsel for the Petitioner submits that criminal case has been registered against the Petitioner for the offence under Sections 223, 224 & 328 I.P.C. The trial is pending and the prosecution witnesses are to be examined. However, during the pendency of the criminal trial, departmental proceedings have been initiated and the enquiry report along with the impugned show cause notice have been served on the Petitioner calling upon him to submit reply to the enquiry report.
(2.) THE contention of the learned Counsel for the Petitioner is that under U.P. Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 there is no provision dealing with the situation where the departmental proceedings and the criminal proceedings can be held simultaneously, therefore, Paras 486 and 489 of the Police Regulations will continue to operate. He further submits that under Paras 492 and 493 of the Police Regulations, it is provided that whenever a police officer has been judicially tried, the Superintendent must await the decision of the judicial appeal, if any, before deciding whether further departmental action is necessary. In the present case judicial proceedings are still pending and the authorities have decided to complete the disciplinary proceedings. In support of the contentions learned Counsel for the Petitioner has relied on the judgment of the Hon'ble Apex Court in the case of State of U.P. v. Babu Ram Upadhyay reported in : A.I.R. 1961 SC 751 as well as the Division Bench decision of this Court in the case of Kedar Nath Yadav v. State of U.P. and Ors., reported in, 2005 LCD 1181.
(3.) LEARNED Counsel for the Petitioner also drawn attention of this Court towards the order dated 02.06.2011 passed by this Court in similar Writ Petition No. 3355 (S/S) of 2011; Nagendra Bahadur Singh and Ors. v. State of U.P. and Ors., in which the opposite parties were restrained from taking final decision on the basis of impugned show cause notice.;