- (1.) Heard Sri J.J. Munir, learned counsel for the petitioner and Sri Manish Goyal, learned counsel, appearing on behalf of the respondents.
(2.) The brief facts, giving rise to the present writ petition, are that the petitioner is a Review Officer of this Hon'ble Court and was appointed in the service on 9.6.1990. It is the case of the petitioner that on 2.8.2008, after arriving at the office at 09:30 AM, the petitioner received an urgent call from his brother that his wife Smt. Shailee had received injuries in an incident of assault and was in the hospital. The petitioner, on receiving this information from his brother, applied for urgent leave to the Assistant Registrar, Accounts, of this Court under whom he was working, which was sanctioned by the Assistant Registrar. Thereafter, the petitioner proceeded to his home at about 02:00 PM in the afternoon. On reaching at home, he came to know that one Fazal Abbas @ Rajjan, a resident of Lucknow, who had come to attend some function at the house of one Sri Zafar Abbas, Advocte, on 02.08.2008, while proceeding to the place of venue stopped at the residence of the petitioner and finding the wife of the petitioner alone at home tried to take advantage of the situation and assaulted her with the intention to ravish her and outrage her modesty. The wife of the petitioner resisted the attempt with all her might at her command in reaction to which Rajjan set her ablaze. However, struggle continued even thereafter between the petitioner's wife and said Rajjan and somehow wife of the petitioner succeeded in pushing the aggressor into a bathroom and she locked the bathroom and came outside. In between the incident invited the attention of the neighbours of the petitioner, who rushed to the aid of the petitioner's wife, who by that time was badly burnt. The neighbours rushed the wife of the petitioner to the hospital. The family of the petitioner, including the petitioner and his brother, also rushed to the hospital. The petitioner also informed the police about the incident. According to the petitioner, while he and his brother, Mohd. Haider, and his other family members were busy at the hospital, attending to the petitioner's wife, who was in a very critical condition, a crowd comprising largely his neighbours, barged into the petitioner's house where Rajjan, the aggressor, was confined in the bathroom, and made him the victim of their fury. The crowd gave Rajjan a severe beating. The incident so happened at the petitioner's residence behind his back and what has been done by the enraged crowd to Rajjan, who died in consequence thereof, was a reaction to what has been done by Rajjan. The deceased Rajjan was an outsider, who trespassed into the house of the petitioner and had attempted to rape the lady of the house while she was alone at her home during his attempt to rape the lady, he also made a murderous attempt on her. The crowd assembled, after the shocking and daring attempt made by Rajjan, an intruder, who was locked in the bathroom, and battered him severely which resulted in his death. The petitioner's wife Shailee, as a result of burn injuries, inflicted upon her by the deceased aggressor, Rajjan, on 2.8.2008, succumbed to her burn injuries during the course of the treatment at the hospital on 04.09.2008. However, before passing away, the petitioner's wife got her dying declaration recorded before a Magistrate on 02.08.2008 where she clearly mentioned that the nature of the incident was to assault her, an attempt to rape her and even an attempt to kill her by setting her ablaze was made by the deceased Rajjan. A first information report was lodged on 2.8.2008 by the brother of the victim, one Alamdar Hussain, which according to the petitioner was anti-dated, against the petitioner, his late wife and the petitioner's brothers, Mohd. Haider and Mohd. Ibrahim. A case crime no. 132 of 2008, under Sections 302 and 201 IPC, Police Station Kareily, District Allahabad has been registered. The petitioner, alongwith his brothers, have been chargesheeted and committed to the Sessions where they are being tried, vide Sessions Trial No. 719 of 2009, State vs. Mohd. Ismail and others, pending before the Additional Sessions Judge, Court No.10, Allahabad. The petitioner has been arrested, however, on second bail application, being Criminal Miscellaneous Bail Application No. 5296 of 2012, the petitioner, vide order dated 04.05.2012, has been granted bail by this Court. The petitioner has been served with a departmental chargesheet, being Departmental Enquiry No. 04/11, dated 15.05.2012, issued by the respondent no.2, charging the petitioner for a service misconduct, under rule 3(2) of the U.P. (Government Servant Conduct) Rules, 1956 for his alleged involvement in an offence of murder. On the receipt of the chargesheet, the petitioner moved an application on 19.06.2012, seeking stay of he departmental proceeding initiated against the petitioner on the ground that the charges in the departmental proceeding and charges in the criminal case are identical and involve complicated questions of fact and law. When the departmental proceeding has not been stayed, the petitioner filed present writ petition with the prayers for quashing the chargesheet dated 15.5.2012, giving rise to the Departmental Enquiry No. 04/11 and all further proceedings arising from the said charge sheet issued by the respondent no.2 and further for a mandamus restraining the respondents from proceeding with the Departmental Enquiry No. 04/11, based on the charge sheet dated 15.05.2012, issued by the respondent no.2, until conclusion of trial and judgment in Session Trial No. 716/09, State vs. Mohd. Ismail, under Sections 302 and 201 IPC, pending before the Additional Sessions Judge, Court No.10, Allahabad.
(3.) Counter and rejoinder affidavits have been exchanged.;