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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
KARUNESH SINGH PAWAR
P.N.O. No. 932739548 Balwant Chandra – Appellant
Versus
State Of U.P. Thru Prin.Secy. Home Deptt. Lucknow – Respondent
JUDGMENT :
KARUNESH SINGH PAWAR, J.
1. Heard Shri Amrendra Nath Tripathi, learned Senior Advocate, assisted by Ms. Arunima Singh and Shri Akash Mishra, learned counsel for the petitioner, and Shri Udai Bhan Pandey, learned Standing Counsel for the State.
Reliefs Sought
2. By means of the present petition, the petitioner seeks issuance of a writ of certiorari for quashing the impugned punishment order dated 13.02.2021 passed by respondent no. 4 (Annexure No. 13) and the appellate order dated 27.04.2021 passed by respondent no. 3 (Annexure No. 14). The petitioner has further assailed the inquiry report dated 31.10.2019 (Annexure No. 9) as well as the entire departmental proceedings conducted against him. In addition to the above, the petitioner has also prayed for issuance of a writ of mandamus commanding the respondents to permit him to continue on the post of Constable in Civil Police in District Lucknow. A consequential relief has also been sought for payment of salary and allowances of the said post regularly as and when the same fall due, along with arrears with effect from 11.04.2018.
Factual Background
3. The brief facts, as set forth in the petition, are that while the petitioner w
Simultaneous departmental and criminal proceedings can proceed if based on identical or similar facts, but potential prejudice to the delinquent must be considered.
In the disciplinary proceedings, the rule of the preponderance of probabilities is applied whereas, in the criminal proceeding, the principle of strict standard of proof beyond a reasonable doubt is ....
Point of Law : Arguments advanced are clearly devoid of substance, as in present case, at no point of time any departmental enquiry has been held in the past, wherein petitioner has been exonerated, ....
Departmental proceedings can continue alongside criminal trials unless complicated legal questions arise; mere overlap of facts does not warrant a stay.
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