SARBDEEP SINGH VIRK Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Leave granted.

(2.) The instant appeal is directed against interim order dated April 25, 2008, rendered by the Division Bench of the High Court of Punjab and Haryana at Chandigarh in CWP No. 6821-CAT of 2008 staying the order dated April 3, 2008 passed by the Central Administrative Tribunal, Chandigarh Bench in Original Application No. 692-CH of 2007 (1) holding that the repatriation of the appellant to the State of Maharashtra under order of Union of India dated April 10, 2007 as also his joining in his parent cadre under the State of Maharashtra is valid, (2) quashing the order of suspension dated April 4, 2007 as well as holding that final authority to take disciplinary action after termination/expiry of the period of deputation vests with the Central Government and (3) directing the State of Punjab to remit the entire matter relating to the disciplinary proceedings against the appellant to the Central Government for taking a final decision.

(3.) The appellant is a 1970 batch IPS Officer of Maharashtra cadre. In the year 1984 he was specially sent to Punjab to combat militancy. It is the case of the appellant that the single minded devotion to get the State of Punjab free from militancy bore fruits and today the State has become one of the most peaceful and prosperous States in India. The appellant was promoted as Director General of Police, Punjab, and he took several measures for public good. He issued several instructions to the police force such as (i) not to accept Diwali gifts, (ii) not to heed to any political interference and follow the rule book (iii) not to bow to pressures in cases of land grabbing even if political leaders were involved, (iv) to adopt a professional attitude, etc. According to him because of his commitment to duty he earned wrath of certain sections of politicians and, therefore, false and frivolous allegations were leveled against him by the respondent Nos. 5 and 7. After the formation of new Government the respondent Nos. 5 and 7 requested through proper channel for pre-mature termination of the repatriation of the appellant. The appellant also sought pre-mature termination of repatriation. The Government of Punjab did not object to the request of the appellant for pre-mature termination of his repatriation. On March 23, 2007 a First Information Report being FIR No. 98 of 2007 was lodged in which one Vijay Pal Singh was named as an accused. It is the case of the respondent that during police interrogation, said Vijay Pal Singh allegedly stated that he had purchased some land for the appellant. On March 23, 2007 the investigating agency had moved an application before the competent court seeking discharge of accused Vijay Pal Singh from FIR No. 98 of 2007. On the basis of the statement made by Vijay Pal Singh during his interrogation, a departmental inquiry was sought to be initiated against the appellant and the appellant was placed under suspension by order dated April 4, 2007. Apprehending arrest in a false case the appellant moved an application seeking anticipatory bail with reference to FIR No. 98 of 2007. On notice being served, the Investigating Officer made a statement before the court that the appellant was not required with reference to the said case.