Mr. Bharat Bhushan, Adv v. UNION OF INDIA ORS

Judgment

1. By this writ petition, the petitioner seeks issuance of a writ of mandamus, directing the Railway Protection Force not to proceed with the disciplinary inquiry against the petitioner, following a charge-sheet issued under Section 9 of the Railway Protection Force Act, 1957 read with Rule 153 of the Railway Protection Force Rules, 1987, till the criminal proceedings, presently pending against the petitioner on the charges which are identical to those forming subject matter of the aforenoted chargesheet, come to an end.

2. Mr. Bharat Bhushan, learned Counsel for the petitioner, has, however, restricted his prayer, during the course of arguments, to a W.P.(C) 3531/2025 Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:24.04.2025 16:42:56 restraint against the respondents continuing with the disciplinary proceedings till the completion of recording of evidence in the criminal case.

3. The only issue before this Court is, therefore, whether the petitioner is entitled to a direction, as sought, restraining the respondents from proceeding with the disciplinary proceedings, till recording of evidence in the criminal case pending before the learned

Sessions Judge, following FIR 609/2024 dated 25 October 2024, is complete.

4. It is necessary, therefore, for us to reproduce FIR 609/2024, the chargesheet dated 15 January 2025 and the statement of imputation of misconduct as alleged, as annexed to the chargesheet, thus: FIR 609/2024 “FIRST INFORMATION REPORT (Under section 173 B.N.S.S) District: NORTH (DELHI) Year: 2024 1 ROHILLA P.S : SARAI FIR NO: 0609 25/10/2024 2 Act(s) IPC 1860 3 Occurrence of offence Date & Time of FIR: Section(s) Day: Interverning Day Date from: 4/12/2023 Date to: (a) 5/12/2023 Time period: Time from: 16:00 Hrs Time To: 13:00 Hrs W.P.(C) 3531/2025 Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:24.04.2025 16:42:56 Information received at P.S Date:25/10/2024 Time: 14:56 (b) Hrs General Diary Refrence Entry NO.:129A Date/Time: (c) 25/10/2204; 16:27 4 5 Type of Information: Written Place of Occurrence Direction and Distance from P.S: SOUTH-EAST 1 KM (a) Beat No. 03 Address: HOTEL DELHI DELIGHT, 9834A AHATA (b) THAKUR DAS, SARAI ROHILLA RAILWAY STATION GATE NO.1 (c) In case, outside the limit of the Police Station Name of P. S District 6 Complainant/Informant (a) Name: XXXXXXXXXXXXXXXX (b) Date/Year of Birth: 2000 Nationality: INDIA (c) Passport No. Date of issue: Place of Issue: (d) Occupation: NOT KNOWN (e) Address: YYYYYYYYYYYYYYYYYYYYYYYYY Details of Known /Suspect/ Unknown accused with full 7 particulars (attach separate sheet if necessary) Reason for delay in reporting by the complainant/informant 8 : NO DELAY Particulars of the properties stolen/involved (attach separate 9 sheet if necessary): SI.NO property Type (descripton) Est. value 10 11 12 Total value of property stolen: Inquest Report/U.D. Case No. if any: FIR Contents (attach separate sheet, if required) W.P.(C) 3531/2025 Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:24.04.2025 16:42:56 To, The Honorable Station House Officer, Sarai Rohilla Police Station, New Delhi. Subject: Request for Legal Action Respected Sir, I, complainant, *****1, ***** respectfully submit this complaint. My contact number is *****. Sir, in the year 2020, I came into contact with the accused, Dushyant, through Facebook. After some time, we exchanged phone numbers and started communicating regularly. Dushyant often called me from his mobile number 7300297298. Over time, our friendship developed into love, and Dushyant proposed marriage to me, to which I agreed. However, after nearly two years, I became suspicious and confronted Dushyant about whether he was married. He admitted that he was already married. Upon learning this, I stopped talking to him. For about 1-2 months, I had no communication with Dushyant. However, he started making his friends call me and persuade me to talk to him. When I eventually spoke to Dushyant, he told me that his wife was not living with him, they were having disputes, and their divorce was imminent. In December 2023, I was preparing for the Uttar Pradesh Police examination, which was scheduled for February 2024. I was traveling from my hostel in Jaipur to my home in ****. Dushyant requested me to stop by Delhi to celebrate his birthday and assured me that he would book my ticket. I agreed and came to Delhi for his birthday. On December 4, 2023, around 4:05 PM, I arrived at Sarai Rohilla Railway Station. Dushyant picked me up and took me to Hotel Delhi Delight, located at 9834- A, Ahata Thakur Dass, Sarai Rohilla Railway Station, Gate No. 01,Karol Bagh, New Delhi. When I asked him why none of his friends were present, he said, "Since you are here, no one else is needed." That evening, we celebrated his birthday at the hotel. Before going to bed, he gave me a drink mixed with an intoxicating substance, which made me unconscious. In this state, Dushyant forcefully attempted to establish physical relations with me. I refused, but he insisted, saying that we were going to get married anyway. Despite my clear refusal, he forcibly engaged in sexual relations with me. I was in no condition to resist. The next morning, when I regained full consciousness, I realized what had happened and started crying. Dushyant consoled me, saying, "Why are you crying? We will get married." Later, he took me to India Gate for an outing, and by the evening, I returned to my home in 1 Details of the complainant have been masked W.P.(C) 3531/2025 Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:24.04.2025 16:42:56 Kushinagar. When my period was delayed, I informed Dushyant, and he asked me to take a pregnancy test. Upon testing, I found out that I was pregnant. When I informed him, he insisted that I take abortion pills, warning that my upcoming physical fitness test for the police recruitment would be affected. He pleaded with me over video calls, urging me to terminate the pregnancy. Under his pressure, I took the abortion pills. However, to avoid suspicion at home, I did not consult a doctor. After the abortion, Dushyant’s behavior changed drastically. He stopped talking to me, and when I confronted him, he clearly stated that he did not want to marry me. He then blocked me from all means of communication. During this time, he also threatened to falsely implicate me and my family in legal cases, due to which I was afraid to report the incident earlier. Dushyant deceived me with false promises of marriage and exploited me physically. I request legal action against him. Complainant: ***** Mobile *****. Attested by: SI Manisha Sharma, PS Sarai Rohilla Date: 25-10-24. Respected Sir, While I, SI, was present at the police station, the Duty Officer presented the complainant before me for necessary action. After preliminary discussions, the complainant underwent counseling, and she submitted her written statement. Based on her statement, it was found that an offense under Sections 376 (Rape) and 506(Criminal Intimidation) of the Indian Penal Code (IPC) had been committed. To register the case, the written complaint was submitted to the Duty Officer. An FIR was registered, and the complainant was informed of the case number. The original complaint and FIR copy were handed over to me for further action. Date & Time of Incident: 04/12/2023 at 4 PM to 05/12/2023 at 01:00 PM Place of Incident: Hotel Delhi Delight, 9834-A, Ahata Thakur Dass, Sarai Rohilla, Railway Station, Gate No. 1, Karol Bagh, New Delhi Date & Time of Complaint Submission: 25/10/2024 at 02:55 PM Signed: SI Manisha Sharma, PS Sarai Rohilla Date: 25/10/24 Police Action: W.P.(C) 3531/2025 Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:24.04.2025 16:42:56 A complaint was submitted by W/SI Manisha Sharma on 25/10/2024. Upon receipt of the complaint, I, ASI, registered case no. 609/24 under Sections 376/506 IPC and ensured that the FIR copy and original complaint were recorded in the register. The original documents and FIR copy were handed over to W/SI Manisha Sharma for further legal proceedings. All relevant details were communicated to the SHO, and additional documents will be forwarded to senior officers via postal dispatch. Action Taken Since 13 commission of offence(s) u/s as mentioned at Item no.2: the above information reveals (i) Registered the case and took up the investigation: Directed (Name of the I.O.): MANISHA SHARMA Rank: (ii) SI (Sub-Inspector) (iii) Refused investigation due to: (iv) Transferred to P.S. District: FIR read over to the complainant/informant admitted to be correctly recorded and a copy given to the complainant/informant free of cost: ROAC 14 Signature/Thumb Impression of the complainant/Informant Signature of Officer Name: Tej Pal Singh Rank: ASST. SI No. 28910523 15 Date and Time of Despatch to the Court:” Chargesheet dated 15 January 2025 “MEMORANDUM Sh. Dushyant, Under Suspension SI/RPF/Post/RB now attached at Sr.DSC Res./West/Delhi (Name & Designation of the member of the force) is hereby informed that it is proposed to hold an enquiry against him under Rule 153 of Railway Protection Force Rules, 1987. The allegations on which the enquiry is deposed to be held W.P.(C) 3531/2025 Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:24.04.2025 16:42:56 are set out in the enclosed statement of allegations and the charges framed on the basis of the said allegations and the charges are specified in the enclosed statement of charges. A list of document by which and a list of witnesses by whom the articles of charges are proposed to be sustained are also enclosed. Smt. Sangam Yadav, IPF/RPF/SNP is nominated as Enquiry officer. The enquiry is fixed 28.01.2025 at 10:00 Hrs. at IPF/RPF/SNP's office, you should attend the enquiry, failing which the enquiry will be conducted ex-parte. Sh. Dushyant, Under Suspension SI/RPF/Post/RB now attached at Sr.DSC Res./West/Delhi while presenting itself before the enquiry officer may, Furnish names and addresses of witnesses, if any whom he a) wishes to call on support of his defence. Furnish the list of documents, if any, which he wishes to, b) produce in support of his defence. c) Sh. Dushyant, Under Suspension SI/RPF/Post/RB now attached at Sr.DSC Res./West/Delhi is further informed that if for the purpose of preparing his defence he wishes to inspect and take extracts from any official records, he should furnish a list of such records to the enquiry officer not late on---------- (indicating allowing at least clear one week) so that arrangements may be made to provide facilities for the purpose. He should, however, note that if in the opinion of the enquiry officer such records are not relevant for the purpose, or it is against the public interest allow him access to such records, he will not be permitted to inspect or take extracts from such records. The attention of Sh. Dushyant, Under Suspension 1 SI/RPF/Post/RB now attached at Sr.DSC Res./ West/Delhi is invited to Rule 143 and 145 of RPF Rules, 1987 under which members of the Force are forbidden from bringing or attempting to bring any political or other outside influence to bear upon any superior activity to further his interest in respect of matter pertaining If any representation is received on his behalf from any other person in respect of any matter dealt within these proceedings it will be to his service under the Government. W.P.(C) 3531/2025 Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:24.04.2025 16:42:56 presumed that Sh. Dushyant, Under Suspension SI/RPF/Post/RB now attached at Sr.DSC Res./ West/Delhi is aware of such a representation and that it has been made at his instance and action will be taken against him for violation of the said Rules. Sh. Dushyant, Under Suspension SI/RPF/Post/RB now 2 attached at Sr.DSC Res./West/Delhi should acknowledge receipt of this charge sheet on the date, it is presented to him by giving his signatures or thumb impression on the acknowledgement form. DA/Chargesheet, statement of allegation, List of witnesses and list of relied upon documents” Statement of Imputation “On 04.11.2024, at approximately 19:00 hours, Sub-Inspector Dushyant, RPF/Rail Bhawan Post, informed Inspector, RPF/Rail Bhawan Post that Sub-Inspector Vijay Maan (whom he was already acquainted with) had conveyed that a complaint had been lodged against him by a woman named *****, *****. Consequently, he was summoned to the Sarai Rohilla Police Station, Delhi, for questioning. Upon receiving this information, the Inspector, RPF/Rail Bhawan Post, informed the Assistant Security Commissioner, RPF/Rail Bhawan Post, about the matter and proceeded to Sarai Rohilla Police Station, Delhi, to gather further details regarding Sub-Inspector Dushyant, RPF/Rail Bhawan Post. It was stated by Investigation Officer Sub-Inspector Manisha Sharma that a case under Sections 376 and 506 IPC had been registered against Sub-Inspector Dushyant, RPF/Rail Bhawan Post, based on a complaint lodged by the woman *****, *****, at Sarai Rohilla Police Station, Delhi, on 25.10.2024. Sub-Inspector Dushyant, RPF/Rail Bhawan Post, admitted in his statement that he had known the complainant since 2020 through Facebook and had met her in Delhi in December 2023, where they had breakfast together. As per FIR No. 609/2024, U/S 376, 506 IPC, dated 25.10.2024, registered at Police Station, Delhi Sarai Rohilla, the complainant, *****, filed a complaint against Shri Dushyant, Sub-Inspector, RPF/Rail Bhawan Post, stating: “I, the complainant, *****, *****, am residing in Saiyan. My contact number is *****. In the year 2020, I came into contact with the accused, Dushyant, through Facebook. Within a few days, we exchanged phone numbers and started talking over the phone. Dushyant often called me from his number 7300297298. Our friendship gradually turned into love, and Dushyant proposed marriage, to which I agreed. After about W.P.(C) 3531/2025 Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:24.04.2025 16:42:56 two years, when I became suspicious, I directly asked Dushyant whether he was married. He admitted everything. Upon learning this, I stopped talking to him. For about one to two months, I avoided any contact with him, but he started having his friends call me and insist that I speak to him at least once. When I finally talked to Dushyant, he told me that his wife was no longer living with him, that they were having disputes, and that they would be getting divorced soon. In December 2023, I was returning home to ***** from my hostel in Jaipur to prepare for the UP Police exam, scheduled for February 2024. However, Dushyant requested me to stop in Delhi to celebrate his birthday and assured me that he would book my ticket. I agreed and traveled to Delhi for his birthday celebration. On December 4, 2023, I arrived at Delhi Sarai Rohilla Station between 4–5 PM, and from there, Dushyant took me to a hotel nearby. However, no one else was present at the celebration except Dushyant. When I asked him why no one else had come, he said that since I was there, no one else was needed. After celebrating his birthday, before going to sleep, he gave me something mixed with an intoxicating substance, due to which I lost consciousness. Taking advantage of my state, he forcibly tried to have physical relations with me. I refused and told him that I would not do anything before marriage. However, despite my resistance, he forced himself on me. I was not in a condition to resist his advances. When I woke up in the morning and regained full consciousness, I realized what had happened and started crying. Dushyant consoled me, saying there was no need to cry as we would get married. Later, he took me to visit India Gate, and in the evening, I returned home to XXXXXXXXX by train. When my menstrual cycle was delayed, I informed Dushyant. He asked me to check using a pregnancy test kit. Upon testing, I found out that I was pregnant. When I told him about it, he insisted that I take abortion pills. I refused, but he pressured me, saying that I had my police physical examination coming up and that I wouldn’t be able to clear it if I were pregnant. He even pleaded with me over a video call, saying that we could have children later. Eventually, I gave in to his pressure and took the abortion pills. After my abortion, I didn’t consult a doctor, fearing that my family might find out. After that, Dushyant's behavior completely changed. He stopped talking to me. When I confronted him about his sudden change, he bluntly told me that he had no intention of marrying me. Following this, Dushyant blocked me everywhere and even threatened to falsely implicate me and my family in legal cases. Out of fear, I did not file a complaint earlier. Dushyant deceived me with false promises of marriage and established physical relations with me against my will. Therefore, I request legal action to be taken against him." In coordination with the manager of Hotel Delight, Delhi Sarai Rohilla, an inquiry was conducted regarding any room booking under the names of Dushyant or ***** on the dates 04.12.2023 and W.P.(C) 3531/2025 Signature Not Verified Digitally Signed By:AJIT KUMAR Signing Date:24.04.2025 16:42:56

05.12.2023. According to the hotel records, a room with entry number 4724 was booked under the names of Dushyant Yadav and ***** on 04.12.2023, which was vacated on the morning of 05.12.2023. Therefore, the possibility of both individuals meeting cannot be ruled out. In light of the above actions of Shri Dushyant, son of Shri Chhote Lal, a suspended Sub-Inspector, RPF/Rail Bhawan Post, it is evident that he has neglected his official duties, engaged in suspicious conduct, and tarnished the image of the force. Consequently, he is being charged under Rule 153 of the RPF Rules, 1987. Security Commissioner-II Railway Protection Force Delhi”

5. There is a considerable body of law on the aspect of whether the disciplinary proceedings can be directed to be stayed, pending the continuance of conclusion of criminal proceedings based on the same allegations and, perhaps, even on the same evidence.

6. One may chart the precedential history thus: Stanzen Toyotetsu India (P) Ltd v Girish V2 The relatively recent decision of this Court in Karnataka 10. SRTC v M.G. Vittal Rao3 is a timely reminder of the principles that are applicable in such situations succinctly summed up in the following words: (i) on simultaneously. There is no legal bar for both the proceedings to go (ii) The only valid ground for claiming that the disciplinary proceedings may be stayed would be to ensure that the defence of the employee in the criminal case may not be prejudiced. But even such grounds would be available only in cases involving complex questions of facts