CONSTABLE - 2051 C P JAGANNATH PRASAD SHARMA Vs. STATE OF U P
LAWS(ALL)-2005-2-187
HIGH COURT OF ALLAHABAD
Decided on February 10,2005

CONSTABLE - 2051 C.P. JAGANNATH PRASAD SHARMA, SON OF LATE BHAWANI SHANKER Appellant
VERSUS
STATE OF U.P. THROUGH ITS' PRINCIPAL SECRETARY (HOME), THE SENIOR SUPERINTENDENT Respondents

JUDGEMENT

Tarun Agarwala, J. - (1.) On 26.4.2003 the petitioner was placed under suspension on the charges of bigamy. The petitioner challenged the suspension order which was stayed in a writ jurisdiction. On the basis of the preliminary inquiry conducted by the department, the petitioner was charge-sheeted on 16.6.2004 on the charges of bigamy. The petitioner has filed the present writ petition for the quashing of the charge-sheet dated 16.6.2004 issued by the disciplinary authority on the ground that the same was based on a criminal complaint filed in the year 2000 which is pending in the court of Additional Judicial Magistrate, Meerut under Sections 420, 494, 406 and 500 of the Indian Penal Code.
(2.) The petitioner alleges that the subject matter of the charge-sheet in the domestic inquiry proceedings and that pending before the Criminal Court is one and the same and further contended that the evidence in both the proceedings would be the same and that if the departmental proceedings are allowed to continue he would be prejudiced in the proceedings before the Criminal Court.
(3.) Heard Sri S.P.Pandey, the learned counsel for the petitioner and Sri V.K.Rai, the learned counsel appearing for the respondents.;


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