Dharmendra Singh vs State of U.P.

Ajoy Nath Ray, C.J. and Ashok Bhushan, J.—The appeal is taken up and summarily disposed of. We have not called for affidavits. The allegations in the stay application cannot be taken to be admitted.

The writ petition was dismissed by the Hon''ble Single Judge by his Lordship''s order dated 3.3.2005. The writ petitioner is appellant before us. There are charges in the criminal Court against him u/s 498A of the IPC. It is said that inspite of his wife being living he is living in adultery with a lady police constable. In the preliminary departmental enquiry, the petitioner has not been exonerated but the Deputy Inspector General, who is the appellate authority over the first departmental disciplinary authority, has written a letter, and thereby stayed the enquiry against the appellant pending disposal of the criminal case.

The learned Single Judge has held that the appellate authority has no authority to stay the departmental enquiry. In the same vein the respondent has argued through learned standing counsel that the departmental appellate authority can exercise jurisdiction if and when punishment is imposed by the first authority but not otherwise. With the greatest of respect to the Hon''ble Single Judge, we are unable to accede to this preposition of law. The correct proposition of law is that all appellate authorities must have as a general concomitant of the power of appeals also the power of staying. proceedings before the first authority, unless such power for stay is excluded expressly by some rule, practice or other law.

In the instant case there is no such exclusion; as such the Deputy inspector of General had the power to stay the proceedings.

The appeal is accordingly allowed. The order under appeal is set-aside. The departmental enquiry against the appellant will remain stayed so long as the Deputy Inspector General or other competent authority does not permit its progress or the present letter of the Deputy Inspector General dated 4.2.2005 staying the proceedings is not withdrawn or recalled. No order as to costs.