Mr. Ashok Kumar Choudhary, the learned counsel for the petitioner submits that Vigilance P.S. Case No.22 of 2017 was registered on 27.03.2017 under Section 13(2) read with Section 13(1) of the Prevention of Corruption Act and raid was also conducted. During the course of raid, it transpired that the petitioner was found in possession of the property worth Rs.1,29,87,808/-. The income of the petitioner from legitimate source during the aforesaid period is only Rs.47,34,000/- and, therefore, the petitioner was found in possession of the disproportionate assets worth Rs.82,53,808/-. Since the petitioner was arrested, petitioner was also put under suspension vide order dated 31.03.2017 as contained in Memo No.623. It is further submitted that chargesheet had already been served. The learned counsel for the petitioner further submits that on the same set of facts, criminal case is also pending. The departmental proceeding should have been stayed in view of the judgment reported in (1999)3 Supreme Court Cases 679(Capt. M. Paul Anthony v. Bharat Gold Mines Ltd. & Anr.) in which it has been held that where criminal case as well as departmental proceeding both are pending on the same set of evidence and there is a complicated question of facts, the departmental proceeding should be stayed but in the present case, I find the petitioner is found in possession
