Disciplinary proceedings must be stayed if they risk disclosing the defense of the employee in ongoing criminal trials with identical evidence based on similar charges.

JUDGMENT :

J.J. Munir, J.

1. This writ petition has been instituted by the petitioner, an Assistant Grade-II (Technical) employed with the Food Corporation of India, who is facing both a criminal trial and disciplinary proceedings on the same set of facts.

2. The substance of the prosecution, pending before the Special Judge, CBI Court, Lucknow and the departmental inquiry, is that the petitioner, while working as an Assistant Grade-II (Technical) at the Food Corporation of India, CWC Shahganj, demanded illegal gratification to the tune of Rs.10,000/-per truck from one Sher Bahadur Yadav, a nephew of the complainant, Dhaniram Yadav, partner with a certain M/s. Amita Industries, Katehri, Pratappur, Chamurkha, Ambedkar Nagar on 10.01.2023 for passing/ accepting a consignment of Custom Milled Rice (for short, 'CMR'), processed by the firm aforesaid. A written complaint of the demand was addressed to the Central Bureau of Investigation ('CBI' for short), Lucknow by Dhaniram Yadav on 11.01.2023, saying that the petitioner had made a demand of Rs.10,000/-per truck for clearance of CMR, processed by the complainant's firm. On the basis of the complaint, the CBI-Anti-Corruption Bureau ('ACB' for short), Lucknow laid a trap, where the petitioner is said to have been caught red-handed, while accepting illegal gratification to the tune of Rs.1 lakh. Out of the said sum, Rs.50,000/-were recovered from the drawer of the petitioner's office table, whereas the balance of Rs.50,000/-from a gray backpack, carried by Sandeep Kumar, a personal helper of the petitioner. The trap and arrest were done on 12.01.2023. The petitioner was placed under suspension vide order dated 13.01.2023. There is also a case about the petitioner attempting to misguide the CBI, when they went to search his residence by taking the agency to another man's house.

3. Shorn of unnecessary details, the petitioner was arrested by a team of the CBI-ACB, Lucknow on 12.01.2023 in a case of trap, leading to the registration of Crime No. RC0062023A0002 dated 11.01.2023. The First Information Report, that was registered on 11.01.2023, is based on a written complaint, also dated 11.01.2023, received by the Head of Branch, CBI-ACB, Lucknow from Dhaniram Yadav, partner M/s. Amita Industries, Katehri, Pratappur, Chamurkha, Ambedkar Nagar. The short complaint says that the complainant, Dhaniram Yadav is a partner in the firm aforesaid and his firm processes rice for the Government. The firm, after processing rice, delivers it according to the directions of the Government to the Food Corporation of India, Shahganj. The firm receives remuneration for processing rice by the Government.

4. According to the complainant, his nephew, Sher Bahadur Yadav takes care of the entire work of the firm relating to the Food Corporation of India, Shahganj. The complainant's nephew informed him over telephone that on 10.01.2023, Sujit Maurya, the petitioner, Technical Assistant, FCI, Shahganj, when contacted by Sher Bahadur in order to deliver processed rice to Maurya, demanded illegal gratification at the rate of Rs.10,000/-per truck. The complainant said that he does not wish to pay the bribe and requested necessary action. A verification of the complaint was conducted before registration of the FIR on 11.01.2023. The verification was done by one Piyush Verma, Inspector, CBI-ACB, Lucknow. The petitioner says that Verma never inquired into the subject matter of the complaint, that is to say, why the rice processed by the complainant's firm and delivered by his nephew was rejected. No effort was m