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2021 Supreme(Chh) 309

P.SAM KOSHY
Narad Tamrakar S/o Late Shri Mohar Sai Tamrakar – Appellant
Versus
State Of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Abhishek Pandey, Ms. Deepika Sannat, Adv.
For the Respondent: Ms. Sunita Jain, G.A.

ORDER :

1. Aggrieved by the decision of the respondents in initiating a disciplinary proceedings and also ordering for conducting of a departmental inquiry the present writ petition has been filed.

2. The brief facts relevant for the adjudication of the present writ petition is that the petitioner is working under the respondents as a Constable (Trade). On 16.03.2020 an F.I.R. was lodged against the petitioner for the offence punishable under Sections 506 & 509 (B) of Indian Penal Code and Section 67(A) of the I.T. Act. Subsequently, the matter has been put to trial and the charge-sheet also has been filed before the concerned trial Court. Now the Department has vide charge-sheet dated 05.03.2021 (Annexure P/3)) has been issued.

3. The counsel for the petitioner submits that perusal of the contents of the charge-sheet and on perusal of the allegations leveled in the F.I.R., the contents are same. He further drew the attention of this Court to the list of witnesses cited in the criminal case as also in the departmental enquiry and submitted that the main witnesses before the two proceedings also are the same. According to the petitioner, since in the departmental enquiry the witnesses

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