Mahesh Kumar v. State Of Haryana And Others

2023:PHHC:147048-DB

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Letters Patent Appeal No. 1816 of 2013 (O&M) Date of Decision: 20.11.2023 Sub Inspector Mahesh Kumar No. 681/NNL .....Appellant versus State of Haryana and others .....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI, ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE AMAN CHAUDHARY, JUDGE Present :

Dr. Suresh Kumar Redhu, Advocate, for the appellant. Mr. Deepak Balyan, Addl. Advocate General, Haryana. ****

  

  

 The appellant has filed this appeal against the impugned order dated 09.11.2023 vide which the learned Single Judge has declined the prayer of staying the departmental proceedings during the pendency of the criminal trial and issued only notice of motion to the respondents for 17.01.2024. The grievance of the appellant is that no interim order has been passed in favour of the appellant.

Learned Additional Advocate General appearing for the respondent-State of Haryana has relied upon the decision rendered by the Supreme Court in the case of




    

     

    

 !!"

wherein it has been held that a Letters Patent Appeal is not maintainable against an interim order.

After hearing learned counsel for the parties and in view of the law laid down by the Supreme Court, the appeal filed by the appellant stands disposed of granting liberty to the appellant to approach the learned Single Judge by filing appropriate application, if so advised. (RITU BAHRI) ACTING CHIEF JUSTICE (AMAN CHAUDHARY) JUDGE 20.11.2023 ravinder Whether speaking/reasoned √Yes/No Whether reportable Yes/No√ RAVINDER KUMAR 2023.11.21 17:47 I attest to the accuracy and authenticity of this order/judgment.