High Court Rules That Parallel Proceedings Against Govt Employee Can’t Sustain

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Srinagar, June 14: High Court has quashed an FIR against a police official and held that the FIR against the Government employee can’t be sustained when the matter is already under investigation before the department where he is employed.

On perusal of the pleadings on record, coupled with the appreciation of the law it has come to the fore that the registration of the FIR in question, as registered against the petitioner-Singh working in the Police Department, lies in the factum of car loan having been taken by the petitioner from the Canara Bank.

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In this context he has produced NOC with respect to liquidation of the car loan before the Department, which was, later on, found to be not genuine.

Accordingly, he has been placed under suspension and departmental proceedings were initiated against him and subsequently, came to be reinstated in service, while as the departmental proceedings are going on against him with respect to the aspect of production of fake NOC before the Department qua liquidation of car loan from the Canara Bank.

The Court said that when the departmental proceedings are going on against the petitioner, the registration of FIR would not only amount to initiating parallel proceedings for the same offences, but would, if allowed to go unabated, also result in violation of the process of law.

The Court after hearing said that cumulative effect of all that has been said and done is that the petition of the petitioner is allowed and, as a sequel thereto, the FIR bearing No. 58 of 2017, registered against him at Police Station, Maisuma, Srinagar, for the commission of offences punishable under Sections 420 and 467 of the erstwhile RPC as well as the proceedings, if any, emanating there from are quashed.