ORDER :

1. Since common questions of law are involved in both the writ petitions, hence with consent of the parties both the writ petitions have been heard together and are being decided by the present common order. The prayer made in both the writ petitions being identical reads as under:

“It is, therefore, humbly prayed to your lordships may graciously be pleased to accept and allow this writ petition, call for the entire record pertaining to the present matter:

(i) by issuing an appropriate writ, order or direction, the impugned memorandum of charge dated 11.8.2021 issued by the respondents may kindly be quashed and set aside.

(ii) by issuing an appropriate writ, order or direction the respondents may kindly be restrained from initiating any departmental proceeding against the petitioner on the basis of same set of facts of criminal case registered against the petitioner.

(iii) any other relief, order or direction, which this Hon’ble High Court may deem fit and proper, be also passed in favour of the petitioner.”

2. Brief facts of the case are that the petitioner-Vinod Kumar Kashyap (CWP No. 14042/2021) and petitioner Munna Lal Maurya (CWP No. 11894/2021), both were working as AG-I(D) and Manager (QC) respectively at Bharatpur in Food Corporation of India (hereinafter to be referred as FCI), at the relevant point of time. A complaint was made by the complainant-Aditya Agarwal to the Anti Corruption Department (hereinafter to be referred as ACD) to the effect that he is having a power of attorney in his name given by his maternal grandfather to look after Shri Mahaveer Trading Company which has been assigned the work of handling and transportation of Roopwas Anaj Mandi, Alwar by the FCI. It was further alleged by him that in discharge of the work assigned, he took the wheat bags from Roopwas Anaj Mandi, Alwar and deposited the same in the go-down of FCI and when he asked about issuance of the receipt of deposit from the then Depot Manager namely Vinod Kashyap, he demanded bribe of Rs. 1 Lac from the complainant. On the basis of the complaint made by the complainant Aditya Agarwal, the trap proceedings were conducted by the officials of ACD, during which it was found that the bribe of Rs. 1 Lac was admittedly demanded and taken by the petitioner-Vinod Kumar Kashyap from the complainant and out of the said amount, Rs. 20,000/- were taken by the another petitioner Munna Lal from Vinod Kumar Kashyap and both the petitioners were caught red-handed by the officials of ACD and thus an FIR No. 219/2021 was registered by the ACD for the offences under sections 7 and 7A of the Prevention of Corruption (Amended) Act, 2018 (hereinafter to be referred as the Act, 2018) as well as under section 120-B of IPC. As the petitioners were caught re-handed taking bribe as alleged in the FIR No. 219/2021, considering that to be a misconduct, while contemplating the disciplinary proceedings against the petitioners, both of them were placed under suspension vide order dated 24.06.2021 by the competent authority of FCI, exercising power conferred under Regulation 66 sub-clause I(A) of FCI (Staff) Regulations, 1971 (hereinafter to be referred as the Regulations, 1971) and their headquarter was kept at FCI, DO, Jaipur. Thereafter, both the petitioners were served with the memorandum of charge dated 11.08.2021. Hence, these writ petitions have been filed by the petitioners for quashing of the memorandum of charge dated 11.08.2021 as well as for restraining the respondents from initiating the departmental proceedings against the petitioners on the ground that on the same set of facts a criminal case has been registered against them, in which the trial is going on.

3. Counsel for the petitioners submitted that the allegation against the petitioners is of taking bribe on account of which the FIR has been registered against them under the Act, 2018 as well as under I.P.C. and they have been placed under suspension vide order dated 24.06.2021 and a memorandum of ch