Case Name- Ashish Sharma v. State Of Rajasthan & Ors.
Date of Decision: September 13, 2023
Case Number: S.B. Civil Writ Petition No. 8322/2023
Presiding Judge: Hon’ble Mr. Justice Arun Bhansali
Introduction:
Ashish Sharma, the petitioner, approached the High Court of Rajasthan, challenging the simultaneous initiation of criminal and departmental proceedings against him. He contended that while he is already facing a criminal case for certain allegations, a charge-sheet for departmental proceedings was also issued against him on April 29, 2023. The petitioner argued that conducting departmental proceedings on similar allegations during the pendency of the criminal trial is unjustified.
Facts:
Ashish Sharma, the petitioner in this case, is currently embroiled in a criminal case based on specific allegations. In a parallel development, a charge-sheet for departmental proceedings was served upon him on April 29, 2023. Perturbed by the simultaneous initiation of both criminal and departmental proceedings, with both sets of charges being fundamentally similar, the petitioner raised objections. He contended that such concurrent actions were unjustified. To bolster his case, reference was made to legal precedents, including the judgment in Vinod Kumar Kashyap v. Food Corporation of India & Ors. (S.B. Civil Writ Petition No. 14042/2021), delivered on April 25, 2022, at the Jaipur Bench, and the judgment in Bhagirath Ram v. State of Rajasthan & Ors. (S.B. Civil Writ Petition No. 2682/2021), rendered on September 13, 2021.
Judgment:
The court, after considering the matter, admitted the petition for further deliberation. Notices were issued to the respondents, although given their existing representation, the issuance of fresh notices was deemed unnecessary. Additionally, during the pendency of the petition, the court decided to stay further proceedings related to the charge-sheet dated April 29, 2023, that had been initiated against the petitioner. The court’s decision to grant this stay effectively put a halt to the departmental proceedings, aligning with the petitioner’s argument that such parallel actions warrant examination.
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Written by Yagya Agarwal
