Pending criminal investigation.

Writ petition was filled praying for cancellation of appointment on the ground of the use of forged certificates. During the continuation of writ petition, a criminal case was filled on same reasons and is registered. Whether writ petition can stayed till the disposal of criminal case on same issue.

Answers (1)

325 votes
The writ petition and the criminal case have no nexus with each other. In writ petition the court is concerned with the validity of appointment, whereas the criminal prosecution is initiated to set in motion the criminal law against the accused. The criminal case has no bearing on the writ proceedings before the High Court. So the writ petition cannot be stayed on the ground that the criminal case has been filed. If overwhelming evidence of forgery is shown to the HC the appointment may be struck down as illegal.

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