1:1 ^] Petlttoner Respondents COURT OF CHHATTISS3ARH: BILASPUR Writ Petition No. 275S of 2005 Yudhisthir Prasad Patel, S/o. Lats Shri B.L. Patel, aged about 49 years, presentiy posted as A.S.i. at Pathaigaon, District • - Raigaiti, R/o. village Upanj, District Janjgir, Chhattisgarji. Versas . 1. State of ..Chhattisgarh, through Secretary, Department of Home Affairs, IVIantralaya, D.K.S. Bhawan, Raipur, Chhattisgarh. 2. Director Generai of Poiice, Chhattisgarh, Raipur. 3. Superintendent Chhattisgasrh. of Police, Jashpur, O^Vrit Petition under Artide 226/227 of Constitutionofindia) SB: Hon'bie Mr. SatisH K. Agnihotri, J. Presem: Mr. Ashok Soni, Advocate for the petitioner. Ms. Smita Ghai, Panei Lawyer for the ^ ORAL ORDER : ' (Passed on this 5th .day of March, 2009) Mr. Ashok Soni, iearned counsel appearing for-the petitioner submits that a crimina!' case was lodged agalnst the petitloner. ^ The petltJoner was exonerated by the order dated 20-12-2004 (Annexure P/5). Consequent to of the petitioner from the crinilnai charges, petitioner vi/as permitted to join his duties. Thereafter, the respondent authonties have inltiated the departmenta! proceedings agalhst the petitioner on the same set of charges reiylng on the same documents and the same witnesses. 2) Ms. Smita Ghai, iearned Panei Lawyer appearing for the respondents/State submits that a departmenta! inquiry has already been initiated and reply has aiso been fil^d by the petitioner< However, enquiry proceedings couid not proceed on account of the interim order dated 1-7-2Q05 passed by thls court. .?.^ST^ Rajui 3) Be that as it 'may, It is well settled princlpies of law that even if the delinqusnt empioyee has bee.n acquitted In the crimlnaj charges, the department has right to proceed agalnst him in ths departmenta! enquiry. In ihatview ofthe matter, even if the charges are the same,. the same cannot be quashed at this stage. The petitioner has right to raise al! the issues before the enquliy authorities whether same evldence produced may be re- appreciated or otherwlse in the disclpiinar^ authority. 4) Without expresslng any oplnlon on the merit of the case, thls petitlon is pre-mature and is accordlngiy dlsmlssed. Consequentiy, interim reliefgranted eariier stands vacated. I j Sd/- Satish K. Agnihotri Judge