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Vikas Kumar vs Cgst & Customs on 25 January, 2023

6. In support of his contentions, the applicant has relied upon two decisions rendered by the Principal Bench of this Tribunal in O.A. No. 1876/2008 and 2393/2010, decided on 22.12.2009 and 02.11.2010, respectively and one judgment of this Allahabad Bench of this Tribunal rendered in O.A. No. 943/2011 decided on 24.08.2012, wherein, in facts and circumstances very similar to the ones in this O.A, it was held that no parallel disciplinary proceedings could be held on the same set of charges and evidence on which a criminal proceeding was already going on without the Disciplinary Authority. first taking a conscious, reasoned and speaking decision as to the questions whether the charges and evidence in the criminal case were grave in nature involving complicated questions of fact and law, and whether the conduct of disciplinary proceedings simultaneous with the criminal proceedings would not prejudice the defence of the delinquent in the criminal proceedings. He further relied upon a Page 9 of 15 judgment of the Hon‟ble High Court, Allahabad in recent case of Afaq Haider Vs. State of U.P. and others decided on 09.09.2019 in which the Hon‟ble High Court has relied on the earlier decisions which are binding in nature being not further challenged or reversed that view. Finally, learned counsel for the applicant has relied upon a judgment of Hon‟ble Supreme Court in the case of Capt.
Central Administrative Tribunal - Allahabad Cites 8 - Cited by 0 - Full Document

Parvez Alam vs State Of U.P. on 23 October, 2019

It is argued by the learned counsel for the applicant that there is no role assigned to the accused-applicant in the FIR. As per FIR, the main accused is Constable Asfaq Haidar Ali, who was demanding a sum of Rs.Two lacs fifty thousand for releasing the animals from a person who was indulging in illegal transportation of the animals. An audio clipping of that statement had gone viral. It is submitted that the applicant is owner of the animals and he is not involved in this case in any manner. The main accused Asfaq Haidar Ali has already been granted bail by the Coordinate Bench vide order dated 12.11.2018 in Crl. Misc. Bail Application No.42500 of 2018 (Asfaq Haider Ali vs. State of U.P. ), copy of which has been produced same is taken on record. It is further argued that one Santosh Yadav who said to be mediator in this deal, has also been granted bail by Coordinate Bench vide order dated 14.3.2019 passed in Crl. Misc. Bail Application No10988 of 2019, copy of which has been produced and the same is taken on record. There is no criminal history. In case the applicant is released on anticipatory bail he will not misuse the liberty of bail.
Allahabad High Court Cites 5 - Cited by 0 - Full Document
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