JUDGMENT

Anil Kshetarpal, J. - Through this writ petition under Article 226/227 of the Constitution of India, the petitioner prays for issuance of a writ in the nature of mandamus directing the respondent-department not to proceed with the disciplinary proceedings against the petitioner as on similar allegations FIR No.347 dated 16.07.2020 under Section 221 IPC and Section 7 of the Prevention of Corruption Act, 1988 has been registered.

2. Learned counsel for the petitioner contends that the parallel proceedings i.e. disciplinary proceedings as well as criminal prosecution on the same set of allegations cannot continue. He relies upon a judgment passed by the Hon'ble Supreme court in Capt. M. Paul Anthony vs. Bharat Gold Mines Ltd. & Anr., (1999) 3 SCC 679.

3. This court has heard learned counsel for the petitioner and with his able assistance perused the paper book.

4. It may be noted here that FIR No.347 was registered against the petitioner and another police officials with the allegations that the petitioner and Pawan Kumar, ASI on receiving bribe of Rs.3,00,000/-, have allowed notorious criminals to go, although, they were brought to the Police Station. In the order dated 04.12.20