WPSB No. 48 of 2009 Hon’ble Barin Ghosh, C.J. Hon’ble Sudhanshu Dhulia, J Mr. K.P. Upadhyay, Additional Chief Standing Counsel for the State/petitioner. We are not inclined to interfere with this writ petition. A criminal case and a disciplinary proceeding were initiated against the respondent. The respondent approached the Tribunal and contended before the Tribunal that he has a right to remain silent in the criminal proceeding but he has no such right in a disciplinary proceeding and if he discloses his defenses in the disciplinary proceeding he will be prejudiced in the criminal proceeding. Prima facie finding that the charges in criminal proceeding and disciplinary proceeding are over lapping, the Tribunal by the order impugned dated 6.8.2008 directed the disciplinary proceeding to be kept in abeyance. At the same time, the Tribunal directed the matter to be listed on 6.11.2008. Being aggrieved by the said order, the state has approached this Court by filing instant writ petition in stead of going back to the Tribunal, filing appropriate application or affidavit and documents and impressing the Tribunal that the case was not such whereby disclosure of defence in the disciplinary proceeding by the respondent, he would have been prejudiced in the criminal trial. (Sudhanshu Dhulia, J) (Barin Ghosh, C.J.) 25.10.2010 Kuldeep