Mukesh Kumar v. State Of Haryana And ORS.

CWP No.25843 of 2019 {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP No.25843 of 2019 Date of decision:16.09.2019 Mukesh Kumar ... Petitioner Vs.

State of Haryana and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. Vinod Bhardwaj, Advocate for the petitioner.

AMIT RAWAL J. (Oral) Notice of motion.

On asking of the Court, Mr. R.K.Doon, AAG, Haryana, who is present in Court, accepts notice on behalf of the respondent(s)/State. The petitioner has invoked the jurisdiction of this Court under Article 226 of the Constitution of India for issuance of a writ in the nature of certiorari, quashing order dated 28.03.2019 (Annexure P-2), vide which Superintendent of Police, Kurukshetra, had initiated the departmental enquiry on having been falsely implicated in a criminal case bearing FIR No.01 dated 27.03.2019 registered under Sections 7 of Prevention of Corruption Act, 1988.

Learned counsel for the petitioner submits that in both departmental and criminal proceedings, most of the witnesses are common/identical. In case the witnesses are examined in departmental proceedings, then it will affect his rights in defending the criminal SAVITA KADIAN 2019.09.17 14:46 I attest to the accuracy and integrity of this document High Court Chandigarh

CWP No.25843 of 2019 {2} proceedings. He relies upon notice of motion order dated 01.03.2013 passed in CWP No.3516 of 2013 titled as "Satbir Singh V/s State of Haryana and others", whereby departmental proceedings were ordered to be kept in abeyance.

Keeping in view the aforementioned facts and circumstances, I deem it appropriate to dispose of the present writ petition with a direction to the Department not to examine the common/identical witnesses, until and unless, they examined in the criminal proceedings first, whereas the departmental proceedings qua other set of witnesses, may continue. It is made clear that in case, the petitioner is found to be delaying in cross-examination of same set of the witnesses in the criminal proceedings, this order will not come in the way of the department to examine the said witnesses.

(AMIT RAWAL) JUDGE September 16, 2019 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No SAVITA KADIAN 2019.09.17 14:46 I attest to the accuracy and integrity of this document High Court Chandigarh