As per case facts, petitioners, who are police officers, faced criminal charges under the Prevention of Corruption Act and parallel departmental inquiries for specific acts of corruption. The main petitioner's ...
CWP-15246-2022 and other connected matters 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-15246-2022 and other connected matters
Date of Decision:13.05.2025
Narender Kumar ......Petitioner(s)
Versus
State of Haryana and others ....Respondent(s)
Sr No.
Case Number Title
2. CWP-19655-2022 VINOD KUMAR V/S STATE OF
HARYANA AND OTHERS
3. CWP-28784-2022 ROHTASH SINGH V/S STATE OF
HARYANA AND OTHERS
4. CWP-8550-2023 SAMARPIT V/S STATE OF
HARYANA
5. CWP-17253-2024 BALWANT SINGH V/S STATE OF
HARYANA AND OTHERS
6. CWP-18081-2024 MAHESH KUMAR V/S STATE OF
HARYANA AND OTHERS
7. CWP-35597-2019 AJIT SINGH V/S STATE OF
HARYANA AND OTHERS
Present: Mr. Manish Soni, Advocate, for the petitioner(s) in CWP
Nos. 15246 and 28784 of 2022 and 18081 of 2024.
Mr. Kuldeep Choudhary, Advocate, for Mr. S.K. Verma,
Advocate, for the petitioner(s) (in CWP-35597-2019).
Mr. Aditya Yadav, Advocate, for the petitioner(s) (in
CWP-19655-2022).
Mr. R.K. Rana, Advocate, for the petitioner(s) (in CWP
Nos.8550 of 2023 and 17253 of 2024).
Ms. Palika Monga, DAG, Haryana.
CWP-15246-2022 and other connected matters 2
JAGMOHAN BANSAL, J. (Oral)
1. By this common order, above noted writ petitions are hereby
adjudicated as issues involved and prayer sought in all the petitions are
common. For the sake of convenience and with the consent of parties, the facts
are borrowed from CWP-15246-2022.
2. The petitioner through instant petition under Articles 226 and
227 of the Constitution of India is seeking direction to respondent not to
proceed with the departmental inquiry initiated against him during the
pendency of criminal trial in FIR No. 13 dated 26.10.2021 under Section 7 of
the Prevention of Corruption Act, 1988 registered at P.S. SVB, District
Gurugram. He is further seeking quashing of letter/order dated 02.11.2021
(Annexure P-3).
3. The petitioner joined Haryana Police Force as constable on
27.10.2000. He was promoted as Head Constable in 2008. He was further
promoted as Assistant Sub Inspector in 2011 and Sub Inspector (ORP) in
2013. An FIR No.349 dated 23.11.2017 under Sections 420, 166, 167, 384,
465, 467, 468, 471, 409, 201, 120B IPC and Sections 7, 8, 10, 12, 1, 13(1)D,
13(1) E, 15 of Prevention of Corruption Act, 1988 (in short ‘PC Act’) at Police
Station Shivaji Nagar, District Gurugram came to be registered against
employees of Regional Transport Authority, Gurugram. The Investigating
officer after completing investigation filed its report on 06.01.2019 against 23
persons. During further investigation, accused Balbir Singh was arrested and
challan was presented against him 21.11.2020. The Trial Court framed
charges on 08.03.2021.
CWP-15246-2022 and other connected matters 3
4. The respondent registered FIR No.13 dated 26.10.2021 under
Section 7 of PC Act against the petitioner at P.S. SVB, Gurugram on the basis
of statement of Balbir Singh who during investigation deposed that he had
paid a sum of Rs.5,00,000/- through petitioner to the Investigating Officer of
FIR No.349 dated 23.11.2017. The respondent on the basis of aforesaid FIR
initiated departmental proceedings against the petitioner. An Inquiry Officer
has been appointed to hold regular departmental inquiry.
5. Learned counsel for the petitioner submit that respondent has
initiated departmental inquiry without seeking approval of District Magistrate
in terms of Rule 16.38 of Punjab Police Rules, 1934 (as made applicable to
the State of Haryana) (in short ‘PPR’). As per said Rule, departmental
proceedings cannot be initiated without concurrence of District Magistrate.
The respondent as per its convenience and choice is seeking concurrence in
few cases and proceeding in rest without concurrence. Approval is mandatory
in nature, thus, proceedings arising out of charge sheet issued without prior
approval of District Magistrate are null and void in the eye of law. Supreme
Court in State of Haryana vs. Ranbir Singh, Civil Appeal No.5822 of 2008
has clearly held that approval under Rule 16.38 is mandatory in nature.
Similar view has been expressed by Himachal Pradesh High Court in
Mohinder Singh vs. State of H.P. and others, 2019 SCC OnLine HP 3353.
6. Per contra, learned State counsel submits that this Court in
CWP-24413-2012 titled as Constable Pale Ram vs. State of Haryana and
others decided on 14.12.2012; CWP-8085-2012 titled as Ishwar Singh vs.
State of Haryana and others decided on 23.04.2014 and EHC Dhan Singh
and others vs. State of Haryana and others, 2019 (1) PLR 81 has held that
CWP-15246-2022 and other connected matters 4
prior approval of District Magistrate qua departmental proceedings is not
necessary where FIR has been registered. Once criminal proceedings are
initiated, the departmental proceedings may be initiated without prior
approval of District Magistrate.
7. I have heard the arguments of learned counsel for the parties and
perused the record with their able assistance.
8. In all the petitions, the police after completing investigation has
already filed its report under Section 173 Cr.P.C. The trial is going on and in
remaining cases charges stand framed.
9. The entire dispute revolves around reading of Rule 16.38 of PPR
and the same is reproduced as below:-
"16.38. Criminal offences by police officers and strictures by
courts-procedure regarding.—(1) Where a preliminary enquiry
or investigation into a complaint alleging the commission by an
enrolled police officer of a criminal office in connection with his
official relations with the public, establishes a prima facie case,
a judicial prosecution shall normally follow. Where, however,
the Superintendent of Police proposes to proceed in the case
departmentally, the concurrence of the District Magistrate shall
be obtained.
(2) Orders have been issued by the Hon'ble Judges of the High
Court making it obligatory on all civil and criminal courts,
whenever they make strictures on the personal character or
professional conduct of a police officer, to send a copy of the
judgment to the executive authorities, In the case of the High
Court itself the copies will be forwarded to the State Government.
In the case of all other courts (including Courts of Sessions), the
copies will be sent by the Judges and Magistrates concerned to
the District Magistrate.
CWP-15246-2022 and other connected matters 5
(3) In cases in which strictures are passed on the conduct of the
police by a Sessions Court or by a Magistrate's court and no
specific recommendation is made by the court making such
strictures that an enquiry should be made, the District
Magistrate will decide whether an investigation into the matter
is necessary, and if so, whether it shall be conducted by a police
officer or by a selected Executive Magistrate. After an
investigation or enquiry, the procedure laid down in sub-rule
(1) shall be followed, In cases in which the court passing
strictures on the conduct of the police suggests that an enquiry
should be made, the District Magistrate will comply with such
request.
When strictures on the conduct of the police are made by the
High Court and communicated to the State Government direct
in accordance with sub-rule (2) above, the instructions of
Government as to the action to be taken by the local authorities
will be communicated to them through the ordinary channels.
In cases in which the High Court suggests that an enquiry
should be made, the State Government will give orders
accordingly.
(4) Rules 24.14 and 24.15 provide for reports of all serious
charges against the police being communicated to the State
Government by a special report., In cases where such serious
charges arise from strictures passed by criminal courts, the
Superintendent of Police and the District Magistrate should
communicate, either in the report itself or in a covering letter,
the procedure which they propose to adopt and any information
or notes in connection with the case which they consider should
be brought to the notice of Government. Rule 24.15 provides the
opportunity for Deputy Inspector General and Commissioners
Similarly to communicate their comments to the State
Government."
CWP-15246-2022 and other connected matters 6
10. The aforesaid Rule came into force w.e.f. 23.08.1978. By
notification dated 23.08.1978, the State of Haryana has substituted Rule 16.38
of PPR. Unsubstituted Rule 16.38 is reproduced as below:-
“16.38. Criminal offences by police officers and strictures by
Courts - Procedure regarding. - (1) Immediate information shall
be given to the District Magistrate of any complaint received by
the Superintendent of Police, which indicates the commission by
a police officer of a criminal offence in connection with his
official relations with the public. The District Magistrate will
decide whether the investigation of the complaint shall be
conducted by a police officer, or made over to a selected
Executive Magistrate.
(2) When investigation of such a complaint establishes a prima
facie case, a judicial prosecution shall normally follow; the
matter shall be disposed of departmentally only if the District
Magistrate so orders for reasons to be recorded. When it is
decided to proceed departmentally the procedure prescribed in
rule 16.24 shall be followed. An officer found guilty on a charge
of the nature referred to in this rule shall ordinarily be dismissed.
(3) Ordinarily a Magistrate before whom a complaint against a
police officer is laid proceeds at once to judicial enquiry. He is,
however, required to report details of the case to the District
Magistrate, who will forward a copy of this report to the
Superintendent of Police. The District Magistrate himself will
similarly send a report to the Superintendent of Police in cases
of which he himself takes cognizance.
(4) The Local Government has prescribed the following
supplementary procedure to be adopted in the case of complaints
against police officers in those districts where abuses of the law
with the object of victimising such officers or hampering
investigation is rife. The District Magistrate will order that all
petitions against police officers shall be presented to him
CWP-15246-2022 and other connected matters 7
personally. If he considers that these petitions are of a frivolous
or factious nature, it is within his discretion to take no action on
them. When he considers an enquiry to be necessary he will use
his discretion whether to send the papers to the Superintendent
of Police or to a Magistrate for judicial enquiry. In the case of
formal criminal complaints, the District Magistrate will arrange
for all cases to be transferred from other courts to his own.
(5) Orders have been issued by the Hon’ble Judges of the High
Court making it obligatory on all civil and criminal courts,
whenever they make strictures on the personal character or
professional conduct of a police officer, to send a copy of the
judgment to the executive authorities. In the case of the High
Court itself the copies will be forwarded to the Local
Government. In the case of all other courts (including Courts of
Sessions), the copies will be sent by the Judges and Magistrates
concerned to the District Magistrate.
(6) In cases in which strictures are passed on the conduct of the
police by a Sessions Court or by a Magistrate’s Court and no
specific recommendation is made by the Court making such
strictures that an enquiry should be made, the District
Magistrate will decide whether an investigation into the matter
is necessary, and if so, whether it shall be conducted by a police
officer or by a selected Executive Magistrate. If he decides that
an investigation shall be made, the procedure subsequent to such
investigation shall be that laid down in sub-rule (2) above. In
cases in which the court passing strictures on the con- duct of the
police suggests that an enquiry should be made, the District
Magistrate will comply with such request in accordance with the
procedure prescribed in paragraphs (1) and (2) above.
When strictures on the conduct of the police are made by the
High Court and communicated to the Local Government direct
in accordance with paragraph (5) above, the instructions of
Government as to the action to be taken by the local authorities
CWP-15246-2022 and other connected matters 8
will be communicated to them through the ordinary channels. In
cases in which the High Court suggests that an enquiry should
be made the Local Government will give orders accordingly.
(7) Rules 24.14 and 24.15 provide for reports of all serious
charges against the police being communicated to the Local
Government by a special report. In cases where such serious
charges arise from strictures passed by criminal courts, the
Superintendent of Police and the District Magistrate should
communicate, either in the report itself or in a covering letter,
the procedure which they propose to adopt and any information
or notes in connection with the case which they consider should
be brought to the notice of Government. Rule 24.15 provides the
opportunity for Deputy Inspectors- General and Commissioners
similarly to communicate their comments to the local
Government.
”
11. It is settled proposition of law that special enactment overrides
general enactments and special provision overrides general provisions. The
petitioners are placing reliance upon Rule 16.38 of PPR, however, they have
ignored Rule 16.40 of PPR which is a specific provision dealing with charges
of corruption. Rule 16.40 of PPR provides that charges of corruption shall be
enquired in the manner prescribed for departmental enquiries. Charges of
specific acts of corruption shall be thoroughly investigated by competent
officer and the preliminary investigation shall be followed by judicial
prosecution or departmental charge according to the circumstances of each
case. The said Rule for the ready reference is reproduced as below:-
“16.40. Method of dealing with charges of corruption-Charges
of corruption shall be enquired into in the manner prescribed in
this chapter for departmental enquiries generally. Charges of
specific acts of corruption shall be thoroughly investigated by a
competent officer, the provisions of rule 16.27 being utilised, if
CWP-15246-2022 and other connected matters 9
necessary, and the preliminary investigation shall be followed by
a judicial prosecution or a departmental charge according to the
circumstances of each case. Departmental charges based on a
general record of dishonesty may also be entertained in
accordance with rule16.25(2).
It is further ordered that, if five reputable persons join in making
a written complaint regarding corruption, otherwise than in
regard to a case in which they are personally interested directly
or indirectly, concerning any police official, the departmental
superior of the officer in question shall be bound to make full
investigation and to inform the complainants of the results.”
12. From the conjoint reading of Rule 16.38 and Rule 16.40 of PPR,
it is evident that Rule 16.38 is a general provision and it deals with complaints
alleging commission of any criminal offence in connection with official
relations with public whereas Rule 16.40 is a specific provision which deals
with charges of corruption. Rule 16.40 has further categorized charges of
corruption in two parts. First part deals with general charges of corruption
whereas second part deals with specific acts of corruption. In case of charges
of specific acts of corruption thorough investigation is conducted by
competent officer and preliminary investigation is followed by judicial
prosecution or departmental proceedings according to circumstances of each
case.
In all the petitions in hand, there were charges of specific acts of
corruption and competent authority registered case under PC Act. As there
were specific allegations of corruption, second part of Rule 16.40 was
applicable. Rule 16.38 of PPR was inapplicable in the case of petitioners
because there were specific allegations of corruption against the petitioners.
The authorities were supposed to initiate judicial prosecution or departmental
CWP-15246-2022 and other connected matters 10
proceedings depending on circumstances of each case. There is no
requirement to seek concurrence of District Magistrate under Rule 16.40, thus,
respondent has lawfully initiated departmental proceedings.
13. The Punjab Police Rules were inserted in 1934. The petitioners
have been booked under different provisions of PC Act which is a special
enactment and came into force w.e.f. 09.09.1988. The said Act came into
force much later than PPR. In the said Act, offence as well as procedure for
prosecution has been defined/prescribed. FIR for commission of offence
punishable under PC Act is registered which is followed by police report
under Section 173 Cr.P.C. Prosecution under PC Act has no bearing with PPR.
The petitioners have been booked under PC Act which is a special law, thus,
their prosecution has no concern with general law i.e. PPR. The petitioners
under PPR are subjected to departmental proceedings as contemplated by Rule
16.40 read with 16.24. There is no requirement to seek concurrence of District
Magistrate to initiate proceedings under Rule 16.24 read with 16.40.
14. From the perusal of marginal note of Rule 16.38 of PPR, it is
evident that said Rule is regarding criminal offences committed by Police
Officers and strictures by Courts. Sub-Rule (3) deals with a situation arising
out of observations made by Judges of High Courts and Sessions Courts or
Magistrate Courts. Sub-Rule (4) deals with recording of offences as per Rule
24.14 and 24.15. Sub-Rule (1) provides that normally judicial prosecution
shall be followed if in the preliminary enquiry or investigation into a
complaint alleging commission of a criminal offence in connection with
official relations with public is prima facie established. For the appreciation
of Sub-Rule (1), it would be appropriate to notice its attributes:
CWP-15246-2022 and other connected matters 11
i) There is a complaint;
ii) In the complaint it has been alleged that enrolled police officer
has committed a criminal offence;
iii) The offence has been committed in connection with official
relations with public;
iv) There is preliminary enquiry or investigation;
v) In the preliminary enquiry or investigation, it is prima facie
established that offence has been committed.
If the above ingredients are complied with, the authorities have
to initiate judicial prosecution. The judicial prosecution may be initiated by
way of registering FIR and thereafter filing police report or it may be by way
of filing criminal complaint before the Trial Court. The said Sub-Rule further
provides that where Superintendent of Police proposes to proceed in the case
departmentally, the concurrence of District Magistrate shall be obtained.
15. The aforesaid rule is inapplicable to petitioners. Said rule is
applicable where preliminary enquiry or investigation establishes commission
of criminal offence. In the case of petitioners, no preliminary enquiry or
investigation was conducted and straightway FIR was registered and they
were arrested. Counsel for the petitioners attempt to plead that investigation
commences after registration of FIR and expression ‘preliminary’ used in sub-
rule (1) precedes enquiry and not investigation. Contention of petitioners
cannot be countenanced. A conspectus of sub-rule (3) of Rule 16.38 and Rule
16.40 makes it clear that before initiating judicial prosecution, preliminary
investigation or enquiry would be conducted. If observation with respect to
conduct of police officer is made by Judge/Magistrate, it is choice of the
CWP-15246-2022 and other connected matters 12
District Magistrate to get the matter investigated by Police or selected
Magistrate. There is no question of registration of FIR at this stage. Similar is
reading of rule 16.40 of PPR.
16. The petitioners are claiming that concurrence of District
Magistrate is mandatory for initiating departmental proceedings and said
requirement has been carved out for the protection of police officials. The
argument of petitioners is misconceived. The Rule provides that where
preliminary enquiry or investigation prima facie establishes that offence has
been committed, judicial prosecution shall normally be initiated. In a given
case Superintendent of Police despite complaint alleging commission of
offence, may form an opinion that departmental proceedings should be
initiated. Initiation of departmental proceedings instead of prosecution is
contrary to normal Rule, thus, it has been provided that concurrence of District
Magistrate shall be obtained. If it is established in the preliminary enquiry or
investigation that offence has been committed still departmental proceedings
are initiated, it may prejudice interest of the complainant. Thus, it has been
provided that concurrence of the District Magistrate shall be obtained. The
object of seeking concurrence of District Magistrate is to ensure by an
independent agency that departmental proceedings may be initiated instead of
criminal proceedings.
17. In the original Rule, it was provided that information shall be
given to District Magistrate of any complaint which indicates commission of
offence by a Police Officer. It was further provided that District Magistrate
shall decide whether investigation of the complaint shall be conducted by
Police Officer or made over to a selected Magistrate. In sub-Rule (2), it was
CWP-15246-2022 and other connected matters 13
provided that if prima facie offence is established, prosecution shall follow.
The matter shall be disposed of departmentally only if the District Magistrate
so orders for reasons to be recorded.
In the substituted Rule, the requirement of information to District
Magistrate at threshold stage has been dispensed with. The object is stark.
There may be a case like demand of bribe where it is not possible to intimate
to Magistrate and immediate action is required. Considering that situation,
the Rule has been amended and requirement of Magistrate to decide as to
whether complaint of commission of criminal offence should be inquired by
police officer or Executive Magistrate has been dispensed with. From the
original Rule also, it is evident that where it is decided that matter should be
departmentally adjudicated, the concurrence of District Magistrate shall be
obtained.
19. The petitioners are relying upon order passed by Supreme Court
in Ranbir Singh (Supra). In the case in hand, police has registered FIR
against the delinquent and thereafter departmental proceedings have been
initiated. Concurrence of District Magistrate is necessary where criminal
proceedings are not initiated and departmental proceedings are initiated
despite preliminary inquiry or investigation of a complaint establishing
commission of criminal offence. A co-ordinate Bench of this Court in Pale
Ram (Supra), Ishwar Singh (Supra) and EHC Dhan Singh (supra) has
clearly held that where FIR is registered, there is no requirement to seek
concurrence of District Magistrate to initiate departmental proceedings. The
relevant extracts of judgment in Pale Ram (supra) are reproduced as below:-
CWP-15246-2022 and other connected matters 14
“Reliance upon Rule 16.38 of the 1934 Rules gain for
challenging the impugned order is misplaced. Rule 16.38 of the
1934 Rules reads as follows:-
Rule 16.38
a) Criminal offences by police officers and strictures by
courts-procedure regarding-
1) Where a preliminary enquiry of investigation into a
complaint alleging the commission by an enrolled police officer
of a criminal offence in connection with his official relations with
the public, establishes a prima facie case, a judicial prosecution
shall normally follow. Where, however, the Superintendent of
Police proposes to proceed in the case departmentally, the
concurrence of the District Magistrate shall be obtained."
This Rule again would not be applicable to the case is hand for
the reason that the said Rule comes into operation in case the
punishing authority i.e. the Superintendent of Police instead of
proceeding against the delinquent employee for judicial
prosecution decides not to proceed for the same purpose and
instead decides to take action departmentally. It is in this
situation that the concurrence of the District Magistrate has to
be obtained. Present is a case where judicial prosecution had
followed the registration of an FIR against the petitioner. Apart
from proceeding against the petitioner on the criminal side in the
judicial proceedings, the Superintendent of Police has proceeded
against him departmentally as well. In such a situation, the
concurrence of the District Magistrate is not mandated under
this Rule.
In view of the above, there is no merit in the present writ petition
and, therefore, the challenge to the impugned orders cannot
sustain.”
In Ishwar Singh (Supra) and Dhan Singh (Supra), opinion of
Pale Ram (Supra) has been reiterated.
CWP-15246-2022 and other connected matters 15
20. The petitioners have raised another issue that if departmental
proceedings are not deferred at this stage and they are compelled to disclose
their evidence during departmental proceedings, it would materially prejudice
their stand in criminal proceedings. In support of their contentions, they rely
upon judgment of Supreme Court in Capt. M. Paul Anthony vs. Bharat Gold
Mines Ltd., 1999(3) SCC 679 and Eastern Coalfields Ltd. and others vs.
Rabindra Kumar Bharti, (2022) 12 SCC 390.
21. A question came up for consideration before a coordinate bench
of this Court as to whether departmental proceedings can continue during the
pendency of criminal proceedings if both the proceedings are based upon same
set of allegations. The Court while adjudicating a bunch of petitions including
CWP-5111-2024 titled as Mustaq and others vs. State of Haryana and others
decided on 10.04.2024 has held that the departmental proceedings can
certainly continue despite pendency of criminal proceedings. The operative
portion of judgment is reproduced herein:
“196. In the earlier part of the judgment, this Court after
considering the law laid down by the Hon’ble Supreme Court as
well as the Division Bench of this Court in various judgments
had observed that apart from other factors one of the primary
factors which the Court is to consider before considering as to
whether the evidence of the common witnesses in the
departmental proceedings is to be kept in abeyance till their
examination in the criminal case, is to see as to whether
complicated questions of law and facts are involved in the case
or not. The judgments which were relied upon by this Court were
those of Hon’ble Supreme Court in the case of Capt. M.Paul
Anthony (supra), the relevant portion of which had been
reproduced in para 5 of the present order; the judgment of
CWP-15246-2022 and other connected matters 16
Hon’ble Supreme Court in the case of Indian Overseas Bank,
Anna Salai and Anr (supra), the relevant portion of which had
been reproduced in para 6 of the present order; the judgment of
the Hon’ble Supreme Court in the case of State Bank of India and
Ors. (supra), the relevant portion of which had been reproduced
in para 8 of the present order; the judgment of Division Bench of
this Court in LPA- 470-2024, in which the judgment of this Court
in CWP-975-2024, decided on 16.01.2024 on the same issue was
upheld and the relevant portion of the judgment of the Division
Bench is reproduced in para 10 of the present order and also the
judgment of the Division Bench of this Court in LPA-252-2021,
decided on 23.07.2021, the relevant portion of which has been
reproduced in para 12 of the present order. No complicated
question of law or fact has been brought to the notice of this
Court nor any judgment has been cited by the counsel for the
petitioner to show that the facts of the present case give rise to
complicated question(s) of law or facts. This Court is of the
opinion that no complicated question(s) of law or facts arise in
the present case so as to fulfill one of the essential ingredients
for considering stay of departmental proceedings. Further, no
special facts arise in the present case, which are required to be
mentioned, as per the law laid down by the Hon'ble Supreme
Court in Kendriya Vidyalaya Sangathan & Ors (supra)
warranting stay of departmental proceedings, rather the
allegations against the petitioner are such that the departmental
proceedings are required to be culminated expeditiously.
197. It would be relevant to note that in the criminal case, the
report under Section 173 Cr.P.C. as noticed hereinabove, has
already been filed and the statements of all the witnesses under
Section 161 CrPC have already been recorded and a copy of the
same has been given to the petitioner/accused and it is for the
prosecution to prove the case against the petitioner by relying
upon the evidence of the witnesses whose statements have
already been recorded under Section 161 CrPC and the
CWP-15246-2022 and other connected matters 17
documents which form a part of the report under Section 173
CrPC and thus, the plea of prejudice raised is misconceived. The
Division Bench of this Court in Dr.Balwinder Kumar Sharma’s
(supra), the relevant portion of which has been reproduced in
para 14 of the present order, had observed as under: -
“Therefore, there is no question of any disclosure of
defence in the departmental proceedings. As far as the
various provisions of Prevention of Corruption Act , 1988
are concerned, most of the provisions are to be proved by
the prosecution during the course of trial except the one
concerning "known sources of income", which again is
within the special knowledge of accused-petitioner.
Hence, there seems to be no justification in the prayer
made by petitioner for staying of disciplinary
proceedings.”
The SLP against the said judgment has been withdrawn.
Thus, keeping in view the principles enumerated in paragraph 17
of the present judgment and the abovesaid facts, there is no
ground to accept the argument of learned counsel for the
petitioner to the effect that till the time common witnesses are
examined in the criminal case, the said witnesses should not be
examined in the departmental proceedings and thus, the writ
petition being meritless, deserves to be dismissed and is
accordingly, dismissed.
198. It is made clear that this Court has not opined on the
merits of the allegations either in the criminal proceedings or in
the departmental proceedings and the trial Court in the criminal
case as well the competent authority in the departmental
proceedings would consider and adjudicate /decide the same
independently, in accordance with law.”
22. The aforesaid judgment was assailed in Intra-Court appeal i.e. LPA
No. 1221 of 2024 which came to be dismissed. Besides said appeal, LPA
CWP-15246-2022 and other connected matters 18
No.1255 of 2024 titled as “Tulsi Dass vs. State of Haryana and others”, LPA
No.1146 of 2024 titled as “ASI Pawan Kumar vs. State of Haryana and
others” on the similar issue have been dismissed.
23. From above, it is evident that a Co-ordinate Bench of this Court
has dismissed a bunch of petitions involving identical facts and issues. The
judgment passed by learned Single Judge stands upheld by a Division Bench
of this Court.
24. In the light of above-cited judgments, 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.
25. The Supreme Court in Eastern Coalfields (supra) has not held
that departmental proceedings, especially when there are allegations of
corruption, cannot continue on the ground that criminal proceedings are
pending before Trial Court.
26. In the backdrop, all the petitions stand dismissed. It is hereby
made clear that departmental authorities shall adjudicate pending proceedings
without being influenced by dismissal of these petitions. This Court has not
expressed its opinion on merit.
13.05.2025 (JAGMOHAN BANSAL)
shivani JUDGE
Whether reasoned/speaking Yes
Whether reportable Yes
Legal Notes
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