Satnam Singh v. State Of Punjab And Another




IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-11797-2023 Date of decision : 29.05.2023 Satnam Singh ....Petitioner

Versus

State of Punjab and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Mr. Rahul Rampal, Advocate for the petitioner. Mr. Aman Dhir, DAG, Punjab.

PANKAJ JAIN, J. (ORAL) The petitioner has approached this Court by way of present writ petition seeking directions to the respondents to keep the regular departmental inquiry proceedings initiated vide chargesheet (Annexure P-3) dated 26th of December, 2017 in abeyance till the trial arising out of FIR No.450 dated 9th of September, 2017 registered for the offences punishable under Sections 420/467/468/471/409/120-B IPC and U/s 7, 13(1), 13(1)(A), 13(1)(b), 13(1)(C), 13(1)(d) of Prevention of Corruption Act, 1988, at Police Station Civil Line, Amritsar, is concluded. The ground taken is that both the chargesheet as well as FIR relate to same incident and the petitioner would be forced to unleash defence in case the proceedings are allowed to continue under chargesheet which will seriously prejudice his case in the trial. Reliance has been placed on Capt. M. Paul Anthony VS. Bharat Gold Mines Ltd., (1993)3 SCC 679.

DEEPAK KUMAR 2023.05.30 08:58 I attest to the accuracy and integrity of this document

CWP-11797-2023 -22023:PHHC:077718 Counsel for the petitioner submits that in that respect he has already represented before the inquiry officer yet two material witnesses have been called for examination.

Mr. Aman Dhir, DAG, Punjab who appears on advance notice submits that the respondents shall take call on the representation submitted by the petitioner within a period of four weeks from today and till then will not examine any witness.

Counsel for the petitioner submits his satisfaction to the aforesaid statement suffered by the State Counsel. In view of above, the present writ petition is disposed off with the direction to respondent No.1-Principal Secretary, Local Government Department, Local Government Punjab, to treat the writ petition filed by the petitioner as representation and pass a speaking order w.r.t. continuation of the inquiry proceedings strictly in accordance with law within a period of four weeks from the date of receipt of certified copy of this order. May 29, 2023 (PANKAJ JAIN) Dpr JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No DEEPAK KUMAR 2023.05.30 08:58 I attest to the accuracy and integrity of this document