- (1.) HEARD learned Counsel for the petitioner Sri S.P. Pandey and the learned Counsel Sri A.C. Mishra.
(2.) THE present petition has been filed seeking a writ of mandamus commanding the respondents to stay the departmental proceedings initiated against the petitioners keeping the departmental proceedings in abeyance till the conclusion of proceedings of criminal case initiated against the petitioners. The facts of the case are mat the petitioners No. 1, 2 and 3 are constables, who are posted in Kanpur Nagar. The three petitioners were deputed duty to accompany the two under-trials from Kanpur to Faridabad in connection with a criminal case bearing No. 669 of 2002 under Sections 457, 380 and 311, I.P.C. The accused were produced before the Court concerned.
(3.) HAVING produced the accused before the Court concerned on 12.12.2005, were brought back from Faridabad to Kanpur by the train Lichivi Express. At about 9 p.m. when the train was reached Tundla Railway Station, the train slowed down at the outer signal, the three petitioners No. 1, 2 and 3 were standing along with the accused persons in the gallery of the compartment. According to the petitioners, the door of compartment was opened and there was heavy rush; both the accused persons were handcuffed and roped were also tied with handcuff but taking advantage of heavy rush in the compartment, they gave a jolt and jumped out from running train with handcuff and rope. All the petitioners immediately jumped out of train but since the train had proceeded further, taking the advantage of the darkness, both the accused persons escaped in Tundla.;