- (1.) HEARD Mr. D.K. Singh, learned counsel for the petitioners as well as learned Standing Counsel.
(2.) THE petitioner has challenged the charge -sheet dated 30.06.2014 on the ground that the departmental proceedings has been initiated against the petitioners for negligently letting a prisoner escaped from custody under Rule 14(1) of Uttar Pradesh Subordinate Police Officers/Employees (Punishment and Appeal) Rules, 1991. The Senior Superintendent of Police has taken a decision to take action for initiating criminal prosecution against the petitioner under Section 223/224 of Indian Penal Code in exercise of power under regulation 486 (III) of the Uttar Pradesh Police Regulations and referred the matter to the Secretary (Home) to sanction the prosecution in violation of Regulations 492, 493 as well as Government Order dated 01.07.1973.
(3.) IN this matter, the criminal investigation has already been completed and the police report has been submitted before the State Government for granting the prosecution sanction against the petitioner. Admittedly, the preliminary inquiry was conducted by the Assistant Superintendent of Police, Lucknow under Regulation 486 (III) of the ''Uttar Pradesh Police Regulations', who submitted the inquiry report on 20.12.2013 on the basis of which the Superintendent of Police, Lucknow formed an opinion to institute criminal proceeding against the petitioners. Simultaneously, a departmental proceedings has also been initiated. Learned counsel for the petitioners submits that the departmental proceedings are based on same set of facts, therefore, the same cannot be permitted to continue till the termination of the criminal trial.;