- (1.) LEARNED counsel for the petitioners submitted that they have no much objection if the departmental proceedings are continue by the competent authorities in accordance with law. It is also submitted that they are available at the back and call of the Investigating Officer otherwise also they are under suspension and they are confined to a particular district Godda and, therefore, they are not going to leave the headquarters without prior permission of the higher authorities. Thus, in case of their availability, they may not be arrested; they are not also going to tamper with the evidence.
(2.) I have heard learned Advocate General on behalf of the State, who has submitted that let the enquiry be proceeded against the present petitioners. No stay may be granted against the departmental proceedings. So far as, criminal proceedings are concerned, so long as petitioners are available for interrogation and for such other purposes by the higher police officers or by the Investigating Officer and so long as they are not tampering with the evidence, either directly or indirectly, at present, tentatively, they are not going to be arrested. In view of these submissions, the grievances ventilated by the petitioners in both the petitions have been brought to an end by fair stand taken by the Advocate General, befitting to his post.
(3.) THESE petitions are disposed of with the directions that: (i) Respondent -State is permitted to continue and complete the departmental proceedings, which have been initiated or likely to be initiated, against the petitioners. (ii) Petitioners will be available at every back and call or on every intimation to them to remain present before the higher police officers or before Investigating Officer in all other proceedings connected with civil proceedings or criminal proceedings. (iii) Petitioners shall not tamper with the evidences either directly or indirectly. (iv) Balmiki Singh (petitioner in W.P. (S) No. 7035 of 2007) shall confine his moment to Godda District as well as to Ranchi and Chandra Shekhar Jha (petitioner in W.P. (S) No. 6664 of 2007) shall confine his moment to Godda District. Investigating Officer can call upon the petitioners at any place, wherever investigation is going on and at any place wherever found necessary. (v) State will take all care to grant them necessary permissions to attend the concerned Investigating Officer or higher police officers or interrogation in connection with criminal or civil proceedings against the petitioners. (vi) So far as financial recovery of amount is concerned, I hereby vacate the stay granted by this Court. Now the recovery will depend upon the conclusion and effect on the departmental proceedings. These petitions are disposed of in view of the aforesaid directions.;