S.J. Mukhopadhaya, J. - (1.) THIS application has been preferred by petitioner to suspend the departmental proceeding initiated vide Memo No. V -15014/HEC/Admn.in/Maj (CISF)/200Q/407 dated 14th April, 2000 till the disposal of criminal case in which the petitioner has been committed session being S.T. No. 1227/2000 pending before the Sessions Judge, Nalanda, Bihar.
(2.) THE main plea taken by the petitioner is that both the charges in the criminal case and departmental proceeding are identical and based on similar set of facts. It appears that the petitioner with his unit was sent on deputation on election duty in the year 2000 vide order dated 6th February, 2000 passed by the Deputy Commandant, CISF. On 28th February, 2000, after returning from election duty, one Sri Meena - the inspector of the petitioner's unit, complained against the petitioner to the Dy. Inspector General, CISF. Unit HEC Ltd., Ranchi that on 27th February, 2000, when the inspector gave certain direction to the members of the Force, the Constable No. 852230387, A.K. Upadhaya (petitioner) misbehaved with him and fired one round from his rifle. On the basis of such complaint, the petitioner was suspended on 28th February, 2000 and a criminal case was also lodged on 29th February, 2000, registered as Deep Nagar PS Case No. 29/2000. In connection with the said case, the petitioner was arrested by police and remanded to the judicial custody but later on granted bail on 15th March, 2000.
(3.) COUNSEL for the petitioner referred to the FIR and the imputation of charges enclosed with the memorandum dated 18th March, 2000 by which departmental proceedings was initiated. It was submitted that for same and similar set of facts the criminal case and the departmental proceeding has been initiated. Reliance was also placed on the decision of the Supreme Court.;