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High Court of Punjab and HaryanaCWP/19214/2021dismissed

Satwant Singh v. State Of Punjab And Others

2026-03-05Mr. Justice Jagmohan Bansal2 pages

104 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 19214 of 2021 Date of Decision: 05.03.2026 Inspector Satwant Singh ....Petitioner vs.

State of Punjab and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Akhil Ahuja, Advocate (through VC) for 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 respondents to keep departmental proceedings in abeyance till the conclusion of criminal proceedings arising out of FIR No. 71 dated 31.07.2019, under Sections 384. 352, 120-B of IPC and Section 7, 13 of Prevention of Corruption Act, 1988 registered at Police Station Special Task Force, District Mohali. 2.

Mr. Akhil Ahuja, Advocate for the petitioner submits that case of petitioner is squarely covered by judgment of Supreme Court in Capt. M. Paul Anthony vs. Bharat Gold Mines Ltd., 1999(3) SCC 679. The foundation of trial as well as departmental proceedings is same, thus, unless and until he is found guilty by trial Court, he should not be departmentally punished.

PARAMJIT KAUR SAINI 2026.03.05 04:56 I attest to the accuracy and integrity of this document

CWP No. 19214 of 2021  3.

Mr. Aman Dhir, DAG, Punjab submits that a Coordinate Bench of this Court after noticing judgment of Supreme Court in Capt. M. Paul Anthony's case (supra) has dismissed a bunch of petitions including CWP No.15845 of 2023. The aggrieved officials preferred intra court appeals including LPA No.1255 of 2024 and 1146 of 2024. The intra court appeals stand dismissed vide judgment dated 22.05.2024 and 08.05.2024. 4.

I have heard the arguments of learned counsel for the parties and perused the record with their able assistance. 5.

It is undisputed fact that a Co-ordinate Bench of this Court has dismissed a bunch of petitions involving identical facts and issues. The judgment passed by a Co-ordinate Bench stands upheld by a Division Bench of this Court.

6.

In the wake of judgment dated 22.05.2024 passed by Division Bench of this Court in LPA No.1255 of 2024 titled as "Tulsi Dass vs. State of Haryana and others" and judgment dated 08.05.2024 passed in LPA No.1146 of 2024 titled as "ASI Pawan Kumar vs. State of Haryana and others", it can be concluded that the respondent cannot travel beyond the police report, thus, no prejudice is going to be caused to petitioner, if he leads his defence in departmental proceedings. There is no substance in the apprehension expressed by the petitioner.

7.

Dismissed.

(JAGMOHAN BANSAL) JUDGE 05.03.2026 paramjit Whether speaking/reasoned: Yes Whether reportable:

No PARAMJIT KAUR SAINI 2026.03.05 04:56 I attest to the accuracy and integrity of this document