ROSHAN LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order will dispose of two writ petitions i.e. CWP-9486- 2024 filed by Roshan Lal and CWP-12753-2023 filed by Sukhbir as common questions of law and facts arise in both the cases.

(2.) Challenge in the writ petition bearing No.CWP-9486-2024 is to the order dtd. 30/3/2024 (Annexure P-2) passed by respondent No.3 vide which regular departmental inquiry has been initiated against the petitioner during the pendency of trial in FIR No.59 dtd. 22/3/2024 registered under Sec. 7 of the Prevention of Corruption Act, 1988 at Police Station Saha, District Ambala. Prayer in writ petition bearing No.CWP-12753-2023 is for issuance of a writ in the nature of mandamus directing the respondents not to take any further action on the departmental proceedings/enquiry/charge sheet dtd. 30/11/2022 (Annexure P-7A) initiated against the petitioner till the pendency of the criminal trial arising out of FIR No.523 dated 10. 10.2022 registered under Ss. 420, 467, 468, 471 of IPC at Police Station Baldev Nagar, District Ambala.

(3.) Learned counsel for the petitioners in both the writ petitions have submitted that there are common witnesses in the departmental proceedings and in the criminal proceedings and the said common witnesses should not be examined in the departmental proceedings till the time they are examined in the criminal proceedings as in case the said witnesses are examined in the departmental proceedings, then, the same would cause prejudice to the case of the petitioners in the criminal proceedings. In support of the said argument, learned counsel for the petitioners has relied upon the judgment of the Hon'ble Supreme Court in case titled as 'Capt. M. Paul Anthony Vs. Bharat Gold Mines Ltd.', reported as 1999(3) SCC 679.