JUDGMENT :

Siddhartha Varma, J.

The petitioners have challenged the departmental charge-sheet dated 27.11.2021 on the ground that the charges in the departmental proceedings were the same to the charges which were framed in the criminal case which arose from case crime No. 121 of 2021, under Section 384/211 I.P.C. alongwith the added Sections 120-B, 167, 211, 323, 342, 379, 504 and 506 I.P.C. and 7/13 Prevention of Corruption Act, Police Station Kotwali Dehat, District Etah.

2. Learned counsel for the petitioners relying upon the judgments of the Apex Court in the cases of Capt. M. Paul Anthony v. Bharat Coal Mines Ltd., AIR 1999 SC 1416 and State Bank of India and others v. R.B. Sharma, (2004) 7 SCC 27, submitted that simultaneously both criminal and civil proceedings against them could not be undergone. Learned counsel for the petitioners also relied upon a decision of this Court in Dhirendra Kumar Tiwari v. State of U.P. and others passed in Civil Miscellaneous Writ Petition No. 2705 Of 2012 decided on 16.1.2012 in which following observations have been made :

''After the respective arguments have been advanced, the judgment of Hon'ble Apex Court in the case of Capt. M. Paul Anthony