S.J.MUKHOPADHAYA, J. - (1.) THE petitioner has preferred this writ petition challenging the departmental proceeding initiated vide charge -sheet dated 17th March, 2005. Such prayer has been made on the ground that a criminal case for same set of allegation is pending against the petitioner.
(2.) WHEN the case was taken up learned Counsel for the petitioner also prayed to stay the departmental proceeding, if not quashed. From the charge -sheet as contained in Annexure -4 it appears that the allegation of fraud, dishonesty in connection with companys business or property and asking for bribe along with gratification has been levelled against the petitioner. This part, it has been alleged that the petitioner also abused one Madhusudan Dubey very badily by using filthy languages.
(3.) IN the facts and circumstances, even if a criminal proceeding for same set of facts and evidence is pending, the charges of misconduct having been levelled, cannot be determined in a criminal proceeding. In my view it is not a proper case to quash or stay the departmental proceeding.;