PATNA, India, Sept. 17 -- Patna High Court issued the following judgment on Aug. 18:

Heard learned counsel for the petitioner and learned counsel for the respondents-State.

2. Initially, this petition has been preferred by the petitioner for setting aside the impugned order (Resolution No. 2/Aa.-70-17/2016 Gri.Aa. - 153 dated 05.01.2018 through which a departmental proceeding has been ordered to be initiated against the petitioner.

3. During pendency of this petition through I.A. No. 03 of 2024, petitioner prays for amendment in the prayer clause of the main writ petition, which reads as follows:

"Para-2. That in view of the abovementioned judgment of this Hon'ble Court, the following amendment to the main writ application is being prayed for as follows:-

That Sub Paragraph (iv) be added to Paragraph No.1 of main writ petition as under:

That this Hon'ble Court may be pleased to say the Departmental Proceeding No. 05/18 against the petitioner and restrain the respondents from passing any final order until the disposal of the Criminal Case - Special Case No. 52 of 2016 (arising out of Vigilance P.S., Patna FIR No. 116/2016) pending before the Court of learned Special Judge, Vigilance, Muzaffarpur."

4. The brief facts of this case is that the petitioner joined as Sub-Divisional Police Officer, Jainagar, DistrictMadhubani on 16.08.2015. One Rambriksh Sah filed a complaint against the petitioner. On the basis of that, the Vigilance Investigation Bureau conducted raid on 27.10.2016 and allegedly, the petitioner was caught red handed on the spot while accepting a bribe of Rs. 50,000/- from the complainant Rambriksh Sah. A Post-trap memorandum was also prepared and a Criminal Case under Sections 7, 8, 13(2) read with Section 13(1) (d) of the Prevention of Corruption Act, 1988 was registered against the petitioner. The petitioner was arrested and he was put under suspension. Subsequently, the petitioner was granted bail by a Co-ordinate Bench of this Court and released from the custody on 02.02.2017. Meanwhile, the departmental proceeding has also been initiated against the petitioner through Memo No. 2/Aa.-70-17/2017 Gri.Aa.-7508/Patna dated 15.09.2017 (Annexure-5), which has been challenged by the petitioner in this petition. During pendency of this petition, the petitioner filed the Interlocutory Application No. 03 of 2024 in order to stay the departmental proceeding no. 5/18 pending against the petitioner and restrain the respondents from passing any final order until the disposal of the Criminal Case - (Special) Case No. 52 of 2016 arising out of Vigilance P.S. Case No. 116 of 2016 pending before the learned Special Judge, Vigilance, Muzaffarpur.

5. It is submitted by the counsel for the petitioner that the departmental proceeding initiated by the respondents vide Resolution No. 2/Aa.-70-17/2016 Gri.Aa. - 153 dated 05.01.2018 and the criminal proceeding arising out of Vigilance P.S. Case No. 116 of 2016 in Special Case No. 52 of 2016 pending before the Special Judge, Vigilance, Muzaffarpur are based on the same circumstances and evidence. In both the proceedings, moreover the charges/allegations levelled against the petitioner are the same. According to the counsel, the witnesses in the criminal case and the witnesses in the departmental enquiry for establishing the case of the department are common/same. As such, the defence of the petitioner in the criminal case shall be prejudiced in case the disciplinary proceeding is not stayed and moreover, the charge/allegation levelled against the petitioner involves complicated question of law and facts.

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