- (1.) THE petitioner, who is working as Section Officer in the Department of Home, Jharkhand, has filed this writ application wherein prayer has been made for issuance of a writ in the nature of mandamus restraining the respondent no. 3 from proceeding with the departmental proceeding till disposal of the Vigilance case no. 21 of 2000 instituted under Sections 7/13 of the Prevention of Corruption Act and further for quashing of the order as contained in memo no. 7267 dated 7.11.2007 (Annexure -6) issued by respondent no. 3 rejecting the request of the petitioner to stay the departmental proceeding until disposal of criminal case.
(2.) THE fact of the case is that the petitioner while was posted in the State of Bihar, was allegedly caught red handed while accepting bribe money, for which Vigilance case no. 21 of 2000 was instituted under Sections 7/13 of the Prevention of Corruption Act. Consequently, the petitioner was put under suspension on 7.11.2000 and after bifurcation of the State, petitioner's service was transferred to the State of Jharkhand and thereupon petitioner joined on 9.1 .2001. In course of time, petitioner's suspension was revoked on 29.4.2003. After lapse of 6 years, the respondents initiated a departmental proceeding against the petitioner and memo of charge, which is almost same as that of allegation made in the first information report, was served on 9.7.2007. According to the case of the petitioner, petitioner put an objection before the Inquiry Officer on 18.7.2007 relating to the continuance of the departmental proceeding as charges were the same as it were in the first information report. Upon it, Inquiry Officer sought instruction on that point from the Department of Personnel and Administrative Reforms. On getting opinion that the departmental proceeding as well as criminal case may proceed simultaneously, objection taken by the petitioner regarding continuance of the proceeding was rejected.
(3.) BEING aggrieved with that order the petitioner has preferred this writ application.;