Allahabad High Court
Dharmendra Singh vs State Of U.P. And 3 Others on 20 August, 2019
Author: Surya Prakash Kesarwani
Bench: Surya Prakash Kesarwani
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 5 Case :- WRIT - A No. - 12652 of 2019 Petitioner :- Dharmendra Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Atipriya Gautam,Vijay Gautam(Senior Adv.),Vinod Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Surya Prakash Kesarwani,J.
Heard Sri Vijay Gautam, learned Senior Advocate assisted by Sri Vinod Kumar Mishra, learned counsel for the petitioner and the learned standing counsel for the respondents.
Sri Vijay Gautam, learned Senior Advocate, submits that disciplinary proceedings as well as criminal proceedings are going on against the petitioner in which evidences relied upon are identical. Therefore, both the proceedings can not be simultaneously continued. He submits that the matter may be examined by the disciplinary authority in view of the decision of this Court dated 04.07.2019 in WRIT - A No. - 9781 of 2019 (Afaq Haider Vs. State of U.P. and 3 others).
Learned standing counsel submits that grievance of the petitioner may be appropriately examined by the disciplinary authority.
I have carefully considered the submissions of learned counsel for the parties. In the case of Afaq Haider (supra) learned Single Judge of this Court has disposed of the writ petition observing as under:-
"The question as to whether evidence to be relied upon in both the proceedings are identical, or whether petitioner would be prejudiced, in any manner, by holding of simultaneous proceedings, in view of the tests laid down by the Apex Court in Capt. M. Paul Anthony (supra) and State Bank of India (supra) can more appropriately be examined by the disciplinary authority.
Writ petition is, accordingly, disposed of with a direction upon the respondent no.3 to examine petitioner's grievance, as noticed above, keeping in view the observations made by the Apex Court in Capt. M. Paul Anthony (supra) and State Bank of India (supra), within a period of three months from the date of presentation of certified copy of this order."
Both the learned counsels for the parties jointly state that the present writ petition may also be disposed of in terms of the orders passed in the case of Afaq Haider (supra).
In view of the aforesaid, this writ petition is disposed of in terms of the order dated 04.07.2019 passed by this Court inWRIT - A No. - 9781 of 2019 (Afaq Haider Vs. State of U.P. and 3 others).
Order Date :- 20.8.2019/vkg