The Allahabad High Court has stayed the ongoing departmental disciplinary proceedings against the police inspector, lodged in Fatehgarh Jail, Farrukhabad, on charges of dowry death of his wife for the same offence, and has sought a reply from the state government on the petition within three weeks.
A Single Bench of Justice Vikram D Chauhan passed this order while hearing a petition filed by Vivek Kumar Gupta.
It is submitted by the counsel for the petitioner that the petitioner is working on the post of Police Inspector and a criminal case being Case under Sections 302, 494, 498-A IPC and Section 3/4 D.P Act has been lodged against the petitioner by his in-laws.
He submitted that the petitioner is in jail at present and as such, petitioner cannot participate in disciplinary proceedings which has also been opened by the respondent on the same ground.
It is submitted that the petitioner is working in the police department and the police department itself is prosecuting in the criminal case, as such, in case disciplinary proceedings are permitted to continue then the defence of the petitioner would be prejudiced in trial, specifically the evidence of the prosecution witnesses.
According to the counsel for the petitioner, in the facts and circumstances of the case, disciplinary proceedings are required to be kept in abeyance till the decision of the criminal case.
He also submitted that the police department has already submitted a charge sheet before the Magistrate concerned.
The Court has granted three weeks’ time to file counter affidavits for the respondents.
“Till the next date of listing, the disciplinary proceedings against the petitioner in respect of the criminal offence mentioned above, shall remain stayed”, the Court ordered.
The Court has fixed the next hearing of the petition on May 19, 2023.