Jagpreet Singh v. State Of Punjab And ORS

2024:PHHC:051834

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-8368-2024 Date of Decision: 18.04.2024 JAGPREET SINGH

...Petitioner

Versus

STATE OF PUNJAB AND ORS

...Respondents

CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present:- Mr. Ashish Soi, Advocate for the petitioner.

Mr. Aman Dhir, DAG, Punjab.

***** JAGMOHAN BANSAL, J. (Oral) 1.

The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking direction to the respondents to keep the departmental proceedings, initiated against him in pursuance of order dated 05.04.2023 (Annexure P-3) in abeyance till the conclusion of trial arising out of FIR No.05 dated 03.04.2023 (Annexure P-1) under Section 7 of Prevention of Corruption Act, 1988 registered at Police Station Vigilance Bureau, Ludhiana.

2.

Learned counsel for the petitioner submits that trial against the petitioner till date has not been concluded whereas respondent has passed order dated 05.04.2023 (Annexure P-3). The petitioner has been asked to lead his defence evidence. If the petitioner discloses his evidence, the respondent may use the said defence in the trial. The respondent may be CWP HIMANSHU 2024.04.18 16:06 I attest to the accuracy and authenticity of this order/judgment.

CWP-8368-2024 -2directed not to proceed with departmental proceedings till the examination of Investigating Officer/Common witnesses.

3.

Learned State counsel expressed his inability to controvert prayer of the petitioner.

4.

The petitioner is praying for stay of departmental proceedings till the examination of common witnesses. This Court, especially considering pith and substance of Rule 16.3 of Punjab Police Rules and inability of learned State counsel to controvert prayer of the petitioner, directs the respondents to keep departmental proceedings in abeyance till the date of examination of common witnesses before the Trial Court. 5.

It is made clear that as soon as common witnesses are examined before the Trial Court, the respondent would be free to proceed with departmental proceedings and the petitioner shall not seek adjournment or time on one or another ground.

6.

Disposed of in above terms.

(JAGMOHAN BANSAL) 18.04.2024 JUDGE himanshu Whether speaking/reasoned Yes/No Whether reportable Yes/No HIMANSHU 2024.04.18 16:06 I attest to the accuracy and authenticity of this order/judgment.