Gulshan Mohammaad vs State Of Punjab And Ors
2024 Latest Caselaw 7033 P&H

Punjab-Haryana High Court

Gulshan Mohammaad vs State Of Punjab And Ors on 3 April, 2024

                                       Neutral Citation No:=2024:PHHC:044324



           IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

217                                    2024:PHHC:044324
                                       CWP No.807 of 2018
                                       Date of Decision:03.04.2024

Gulshan Mohammad
                                                     ....Petitioner

                                       vs.

State of Punjab and others
                                                     ....Respondents

CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:     Mr. Mohinder Kumar, 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 setting aside of order dated 20.09.2017

(Annexure P-12) whereby the petitioner has been suspended.

2. This Court on 17.01.2018 passed the following order:-

"The petitioner is working as a Head Constable with the Punjab Police and is aggrieved against the order dated 20.09.2017 (Annexure P-12), passed by the SSP, Hoshiarpur, whereby he has been placed under suspension and a departmental enquiry has been ordered in the light of the complainant/alleged wife lodging FIR No.163 dated 16.09.2017, under Sections 406, 420, 494, 498-A and 506, IPC, registered at Police Station Sadar, Hoshiarpur.

It is contended that mere registration of the FIR and that to relating to matrimonial dispute between the petitioner and the complainant/alleged wife, no case for initiation of departmental enquiry or suspension is made out. In support, learned Counsel for the petitioner

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Neutral Citation No:=2024:PHHC:044324

CWP No.807 of 2018 -2- 2024:PHHC:044324

has cited judgments of Hon'ble Supreme Court titled as 'Capt. M. Paul Anthony Vs. Bharat Gold Mines Ltd., 1999 (2) SCT 660 and 'Uttaranchal Road Transport Corpn. and Ors. Vs. Mansaram Nainwal, 2006(3) SCT

830. He has also cited judgments of this Court passed in CWP No.25781 of 2013, decided on 22.05.2014 titled as 'Jasdeep Singh Ghuman Vs. Chairman-cumManaging Director, Punjab State Power Corp. Ltd., Patiala and Anr.' and CWP No.18632 of 2015, decided on 09.05.2017, titled as 'Joga Singh Vs. State of Punjab and Ors.' Notice of motion for 26.04.2018.

Dasti as well.

Till the next date of hearing, further enquiry proceedings qua the petitioner shall remain stayed."

3. Mr. Mohinder Kumar, Advocate, submits that during the

pendency of present petition, investigating officer after completing

investigation has filed cancellation report which stands accepted by trial

court.

4. Mr. Aman Dhir, DAG, Punjab, does not dispute the afore-stated

factual position and averment made by counsel for the petitioner.

5. In the wake of development which has taken place during the

pendency of present petition, the petition is hereby disposed of with liberty

to respondents to decide pending proceedings, in accordance with law.

03.04.2024                                       (JAGMOHAN BANSAL)
paramjit                                              JUDGE

                      Whether speaking/reasoned: Yes No
                      Whether reportable:              Yes No


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