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Allahabad High Court stays ongoing departmental proceedings against police inspector Manoj Pant till further orders

The Petition challenges the disciplinary proceedings initiated against the petitioners in terms of the charge-sheet dated September 19, 2019.

The Allahabad High Court on August 27 stayed the ongoing departmental proceedings against Police Inspector Manoj Pant, posted in Noida’s Police Station Sector 20, Gautam Budh Nagar, till further orders.

A single-judge bench of Justice Pankaj Bhatia passed this order while hearing a petition filed by Manoj Kumar Pant. The petition challenges the disciplinary proceedings initiated against the petitioner in terms of the charge-sheet dated September 19, 2019.

The contention of Counsel for the petitioner is that the sole charge in the chargesheet relates to the allegations levelled against the petitioner in the FIR against the petitioner as Case under Section 384 IPC and Section 7/8/13 (13)b of the Prevention of Corruption Act.

Counsel for the Petitioner said that the chargesheet against the Petitioners is confined to the allegations contained in the FIR and even the evidence proposed to be relied upon for the departmental proceedings include the evidence, which are the witnesses in the charge-sheet filed against the Petitioners.

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The Counsel further said that if the departmental proceedings are allowed to continue, the same would prejudice the petitioners.

“The counsel for the petitioner has placed reliance on the judgment of the Supreme Court in the case of M. Paul Anthony vs. Bharat Gold Mines Ltd. and another followed in the case of State Bank of India vs. R.B. Sharma. In light of the said, the argument is that the departmental proceedings should abate the outcome of the criminal proceedings,”

the Court observed.

The Court granted four weeks’ time to file a counter-affidavit. Two weeks thereafter is granted for filing a rejoinder affidavit. Until further orders, no further steps shall be taken in pursuance to the charge-sheet dated September 19, 2019, the Court ordered.

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