Lachman Dass v. State Of Punjab And Others

CWP 17423/2017 (O&M)

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP 17423/2017 (O&M) Date of decision:11.01.2018 Lachman Dass ..............Petitioner v.

State of Punjab and others ..............Respondents Coram:

Hon'ble Mr.Justice Jaswant Singh Present:- Mr.Mukesh Singla,Advocate for the petitioner. Jaswant Singh,J,(Oral).

Petitioner is working as a Clerk with Municipal Council, Rampura Phul, District Bathinda. He is alleged to have been caught red handed while accepting an amount of Rs.2000/- as part payment towards total bribe of Rs.12,000/- by the Vigilance Bureau,Bathinda on 29.12.2015 and an FIR No.22 dated 29.12.2015 under Sections 7,13(2) of Prevention of Corruption Act was registered. Since the petitioner is an employee of Municipal Council, Resolution no.334 dated 15.7.2016 was passed by the Municipal Council declining permission for any further action against him. The said resolution has been set aside by the Director, Local Government,Punjab under Section 236 of the Punjab Municipal Act,1911 vide impugned order dated 20.6.2017(P-1).

However, it is not disputed that the Director, Local Government is vested with the power to take a decision on a resolution passed by the Municipal Council and the same, in the facts of the case, does not appear to be arbitrary. It is also not disputed that the petitioner was Rajinder Parshad Joshi 2018.01.15 14:49 I attest to the accuracy and integrity of this document

CWP 17423/2017 (O&M) suspended at the time of incident and was subsequently granted bail by the Courts after two days. It is also not disputed that the criminal case is still at the stage of investigation.

At this stage,counsel for the petitioner seeks permission to withdraw the petition.

Dismissed as withdrawn.

11.01.2018 (Jaswant Singh) joshi Judge Whether Speaking/reasoned Yes/No Whether Reportable Yes/No Rajinder Parshad Joshi 2018.01.15 14:49 I attest to the accuracy and integrity of this document