Rakesh Tiwari - (1.) SINCE the matter in issue as well as prayer made is the same, both these petitions are being heard and decided by this common judgment.
(2.) HEARD the petitioner and the standing counsel appearing for the respondents. The petitioner has sought a writ of certiorari quashing departmental disciplinary proceedings initiated against him under Rule 14 (1) of U. P. Police Officers of Subordinate Ranks (Punishment and Appeal) Rules, 1991 (hereinafter referred to as the 'Rules of 1991') in pursuance of charge-sheet dated 19.3.2009 issued by respondent No. 4-Presiding Officer/Circle Officer, Chata, Mathura and a writ in the nature of mandamus directing the respondents to stay further departmental disciplinary proceedings in pursuance of the aforesaid charge-sheet. The petitioner was posted as constable at Traffic Police Lines, Mathura and is presently under suspension. A charge-sheet dated 19.3.2009 vide Annexure-1 to the writ petition, has also been issued to him. Charges against him are that on 14.1.2009 on inspection, he was not found on duty at Narsingpuram Crossing where he was deputed and sent for duty and that on 16.1.2009 he demanded Rs. 500 from truck driver Truck No. HR 55E 4230 at Gokul Bairaj crossing while he was deputed on duty at Chawannipul, old Bus Stand, Mathura.
(3.) CASE Crime No. 14/2009, under Section 384, I.P.C. and Section 7/13 (1) (a) of Prevention of Corruption Act, police station Sadar Bazar, Mathura has been lodged by the truck driver of aforesaid truck against the petitioner, in which the petitioner surrendered before the District Judge, Mathura on 16.1.2009 and he has been granted bail on 20.1.2009. In the aforesaid backdrop, the petitioner has been placed under suspension by the S.S.P., Mathura vide order dated 17.1.2009. Charge-sheet against the petitioner in aforesaid Case Crime No. 14/2009 has also been submitted. The S.S.P., Mathura also ordered by conducting disciplinary proceedings against the petitioner and Ramesh Chandra (petitioner in the second writ petition) under the Rules of 1991 and accordingly he was issued a charge-sheet by the Circle Officer, Chata, Mathura who was appointed as Enquiry Officer in the departmental enquiry directing the petitioner to submit his reply by 4.4.2009.;