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High Court of Punjab and HaryanaCWP/10049/2024disposed of

Narinder Singh Asi v. State Of Punjab And ORS

2024-05-03Mr. Justice Jagmohan Bansal2 pages

CWP-10049-2024 1 2024:PHHC:061506

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-10049-2024 Date of Decision : 03.05.2024 NARINDER SINGH ASI ... PETITIONER

Versus

STATE OF PUNJAB AND ORS ... RESPONDENTS CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr.Chetan Bansal, Advocate for the petitioner.



  

 *** 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 not to proceed with the departmental enquiry in view of pendency of criminal proceedings arising out of FIR No.22 dated 27.10.2022 under Section 7 of Prevention of Corruption Act, 1988, registered at Police Station, Vigilance Bureau, District Amritsar. 2.

The petitioner joined respondent-department as Constable and he was promoted as ASI on 27.09.2016. He has been implicated in aforesaid FIR and the challan has already been presented. The departmental proceedings have already been initiated against him and he has been asked to lead his defence evidence.

3.

Mr.Chetan Bansal, Advocate submits that if the petitioner leads his defence in departmental proceedings, it would adversely affect his defence in the criminal trial as the criminal proceedings are still at initial stage. The foundation of departmental proceeding is aforesaid FIR.

Anju Goel 2024.05.03 16:37 I attest to the accuracy and integrity of this document Chandigarh

CWP-10049-2024 2 2024:PHHC:061506 4.

Mr. Aman Dhir, DAG, Punjab, who on advance notice is present in Court on behalf of the respondents, assures the Court that Enquiry Officer would not compel the petitioner to lead his defence evidence till the common witnesses are examined.

5.

In the wake of submissions of the petitioner as well as statement of learned State counsel, this Court deems it appropriate to direct the respondents not to compel the petitioner to lead his defence evidence in departmental proceedings till examination of common witnesses. In view of peculiar facts of the case, this Court believes that the common witnesses will be examined expeditiously.

6.

Disposed of in above terms.

(JAGMOHAN BANSAL) JUDGE 03.05.2024 anju Whether speaking/reasoned Yes/No Whether reportable Yes/No  Anju Goel 2024.05.03 16:37 I attest to the accuracy and integrity of this document Chandigarh