Jagpreet Singh vs State Of Punjab And Ors

Punjab-Haryana High Court

Jagpreet Singh vs State Of Punjab And Ors on 18 April, 2024

                                                                                         2024:PHHC:051834


              126
                                       IN THE HIGH COURT OF PUNJAB AND HARYANA
                                                  AT CHANDIGARH

                                                                CWP-8368-2024
                                                                Date of Decision: 18.04.2024


              JAGPREET SINGH                                                  ...Petitioner
                                                             Versus
              STATE OF PUNJAB AND ORS                                        ...Respondents

              CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL
              Present:-                Mr. Ashish Soi, Advocate 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 the respondents to keep the departmental proceedings, initiated against him in pursuance of order dated 05.04.2023 (Annexure P-3) in abeyance till the conclusion of trial arising out of FIR No.05 dated 03.04.2023 (Annexure P-1) under Section 7 of Prevention of Corruption Act, 1988 registered at Police Station Vigilance Bureau, Ludhiana.

2. Learned counsel for the petitioner submits that trial against the petitioner till date has not been concluded whereas respondent has passed order dated 05.04.2023 (Annexure P-3). The petitioner has been asked to lead his defence evidence. If the petitioner discloses his evidence, the respondent may use the said defence in the trial. The respondent may be CWP HIMANSHU 2024.04.18 16:06 I attest to the accuracy and authenticity of this order/judgment.

directed not to proceed with departmental proceedings till the examination of Investigating Officer/Common witnesses.

3. Learned State counsel expressed his inability to controvert prayer of the petitioner.

4. The petitioner is praying for stay of departmental proceedings till the examination of common witnesses. This Court, especially considering pith and substance of Rule 16.3 of Punjab Police Rules and inability of learned State counsel to controvert prayer of the petitioner, directs the respondents to keep departmental proceedings in abeyance till the date of examination of common witnesses before the Trial Court.

5. It is made clear that as soon as common witnesses are examined before the Trial Court, the respondent would be free to proceed with departmental proceedings and the petitioner shall not seek adjournment or time on one or another ground.

6. Disposed of in above terms.

                                                                         (JAGMOHAN BANSAL)
              18.04.2024                                                      JUDGE
              himanshu

                                       Whether speaking/reasoned            Yes/No

                                       Whether reportable                   Yes/No




HIMANSHU
2024.04.18 16:06
I attest to the accuracy and
authenticity of this order/judgment.