RAJBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order will dispose of two writ petitions i.e., CWP-11203- 2020 filed by 4 petitioners namely Rajbir Singh, ASI; Sahab Singh, ESI; Rajesh Kumar, ASI and Gumam Singh, SI and CWP-17535-2020 filed by Satish Chander, ASI as common issues of facts and law arise in both the petitions. With the consent of the learned counsel for the parties, CWP-11203-2020 has been taken up as the lead case.

(2.) Prayer in CWP-11203-2020 is for issuance of a writ in the nature of certiorari for quashing the order dtd. 19/2/2020 and order dtd. 7/3/2020 (Annexure P-4 and P-6 respectively) vide which respondent No. 3-Superintendent of Police, Kamal has initiated departmental proceedings, during the pendency of the criminal case in FIR No. 84 dtd. 18/2/2020 under Ss. 409, 420, 467, 468, 471 and 120B of the Indian Penal Code and Sec. 66 of the Information Technology Act, 2000, registered at Police Station Civil Lines, Karnal. A further prayer has been made in the writ petition to keep departmental proceedings in abeyance till the final decision of the criminal case.

(3.) Prayer in CWP-17535-2020 is for retraining the respondents from continuing the departmental enquiry during the pendency of the trial in FIR No. 84 dtd. 18/2/2020 under Ss. 409, 420, 467, 468, 471 and 120-B of the Indian Penal Code and Sec. 66 of the Information Technology Act, 2000, registered at Police Station Civil Lines, Kamal