1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3014 OF 2010. Jyoti Khushalrao Kamble/Bindod .vs. State of Maharashtra & others Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. M.V. Bute, Advocate for petitioner, Mr. N.W. Sambre, Government Pleader for respondents, CORAM : S.A. BOBDE & MRS. MRIDULA BHATKAR, JJ. DATED : AUGUST 24, 2010. The petitioner has challenged the order of the Maharashtra Administrative Tribunal dated 8.3.2010 dismissing her Original Application. The petitioner approached M.A.T. against show-cause notice issued by the Deputy Commissioner of Police calling upon her to show- cause as to why she should not be dismissed from service since it was revealed that she is already married and was having a daughter whereas in her attestation form she has represented that she is unmarried while being recruited to the police department. Before the M.A.T., the petitioner contended that 2 since a criminal prosecution has already been filed against the petitioner, the departmental proceedings should be stayed. This proposition has been rejected by the M.A.T. on the ground that the petitioner has not demonstrated the existence of any prosecution. We see no reason, therefore, to interfere with the order of the M.A.T. Moreover, it is not the law that a departmental enquiry cannot proceed merely because the Government servant is being prosecuted and the prosecution is pending. This depends inter alia on whether the incidents and the facts involved in the prosecution are identical to those on which charge-sheet is issued and departmental enquiry has been ordered. Nothing can be determined in this case since the petitioner has failed to produce the charge-sheet of the criminal case. The Writ Petition is hence rejected. Judge Judge J.