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Judgment
Govind Mathur, J.—This petition for writ is preferred to quash the decision of the Respondents to continue with the disciplinary action against the Petitioner under the provisions of the Railway Servants (Discipline and Appeal) Rules, 1968.
In brief, facts of the case are that a disciplinary proceeding was instituted against the Petitioner under a memorandum dated 29.5.2009. As per the Petitioner on the same set of facts a criminal case was also lodged against him and trial of that isin progress, therefore, the disciplinary action is required to be stayed till disposal of the criminal case. A request made by the Petitioner in this regard stands negative by the Assistant Project Manager, North Western Railway, Bikaner, hence this petition for writ is preferred.
It is asserted that, if the Respondents be permitted to proceed with the disciplinary action, that will adversely effect the criminal case, trial of which is in progress. On asking, learned Counsel forth Petitioner accepted that the defence evidence has already been concluded in the criminal case.
In view of the factual position aforesaid, I do not find any merit in this petition for writ as the only purpose of stop disciplinary action under such matters is to prevent disclosure of defence at an earlier stage. Once defence evidence has already been recorded then there is no need of staying the disciplinary proceedings.
Accordingly, the petition for writ is dismissed.