AJOY NATH RAY,CJ., ASHOK BHUSHAN, J.

( 1 ) THE appeal is taken up and summarily disposed of. We have not called for affidavits. The allegations in the stay application cannot be taken to be admitted.

( 2 ) THE writ petition was dismissed by the Honble Single Judge by his Lordships order dated 3. 3. 2005. The writ petitioner is appellant before us. There are charges in the criminal Court against him under Section 498 A of the IPC. It is said that inspite of his wife being living he is living in adultery with a lady police constable. In the preliminary departmental enquiry, the petitioner has not been exonerated but the Deputy Inspector General, who is the appellate authority over the first departmental disciplinary authority, has written a letter, and thereby stayed the enquiry against the appellant pending disposal of the criminal case.

( 3 ) THE learned Single Judge has held that the appellate authority has no authority to stay the departmental enquiry. In the same vein the respondent has argued through learned standing counsel that the departmental appellate authority can exercise jurisdiction if and when punishment is imposed by the first authority but not otherwise. With the gr

Click Here to Read the rest of this document