1 S.B. Civil Writ Petition No.3430/2010 Bhanwar Singh vs State of Rajasthan & Ors. Date of Order: 7.4.2010 HON'BLE MR. PRAKASH TATIA,J. Mr.Bharat Devasi, for the petitioner. <><><> Heard learned counsel for the petitioner. The petitioner prayed that during the pendency of the criminal trial of a case departmental inquiry initiated vide charge-sheet dated 8.1.2010 may be stayed. According to learned counsel for the petitioner, the petitioner is facing the criminal case for the offence under Sections 379, 411, 353, 307 IPC and 3/25 of the Arms Act and for same charge, the department has started departmental inquiry. It is submitted that in case the petitioner will be asked to disclose the defence then that will prejudice the criminal case of the petitioner. I perused the relevant documents placed on record including the FIR and the charges levelled against the petitioner refererd in Annex.1 dated 8.1.2010. The criminal trial is for the commission of offence under Section 379, 411, 313, 307 IPC and 3/25 of the Arms Act, whereas charge against the petitioner in departmental inquiry is only that a criminal case is instituted against the petitioner and in criminal case he remained in custody from 23.4.2008 to 2 30.7.2008 and second charge is that he produced the forged medical certificate for the dates 27.9.2007 to 31.3.2009. The above charge has nothing to do with the trial for the charge in criminal case. There is no merit in the writ petition and the same is hereby dismissed. [PRAKASH TATIA], J. cpgoyal/-