Union Of India vs Deep Chand Sahu on 19 March, 2018
14. We are of the opinion that both the
Tribunal and the High Court proceeded
on an erroneous legal principle without
6
THE HIGH COURT OF MADHYA PRADESH
W.P. No. 1738/2015
Union of India Vs. Deep Chand Sahu
taking into consideration the facts and
circumstances of this case and
proceeded as if the stay of disciplinary
proceedings is a must in every case
where there is a criminal trial on the very
same charges, in this background it is
not necessary for us to go into second
question whether at least Charge 3 by
itself could have been permitted to be
decided in the departmental enquiry as
contended alternatively by the learned
counsel for the appellant.