Sandeep Mehta, J. - (1.) BY way of the instant writ petition, the petitioner has approached this Court seeking a direction for keeping in abeyance, the disciplinary proceedings instituted against him in pursuance of a charge -sheet issued to him under Rule 16 of the Rajasthan Civil (Classification, Control and Appeal) Rules by a memorandum (Annex.1) dated 12.1.2009.
(2.) THE principal ground of challenge laid to the continuance of the disciplinary proceedings is that the petitioner was also subjected to investigation in criminal case in relation to wholly identical charges to the ones contained in the charge -sheet (Annex.1) and the Anti Corruption Bureau, after completing investigation has filed a charge -sheet against the petitioner in the court of the learned Special Judge (Anti Corruption Cases), Jodhpur. The said trial is now reportedly pending before the learned Special Judge (Anti Corruption Cases), Jodhpur at the stage of charge arguments. The case as set up by the petitioner is that, if the criminal trial and the departmental proceedings are allowed to continue simultaneously, the petitioner's defence at the criminal trial shall be exposed and prejudiced. In order to demonstrate this fact, learned counsel has taken this Court through the allegations in the charge -sheet served to the petitioner under Rule 16 of the CCA Rules as well as the charge -sheet filed against him in the criminal case.
(3.) ON going through both the documents, it is evident that the allegations therein are exactly identical.;