BHIM SAIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition has been filed to quash the departmental proceedings initiated against the petitioner vide memo Annexure P2.

(2.) The petitioner was working as Warder/Constable in Sub Jail, Kaithal District Kurukshetra in the year 1983-84. On the basis of a complaint lodged against the petitioner, a criminal case under Section 377 of the Indian Penal Code was registered against him. The petitioner was arrested on 10.7.1984 and was released on bail on 12.7.1984. The petitioner was suspended by the Superintendent Headquarters, Jails, Ambala and was transferred to Central Jail, Ambala. At Ihe same time, an enquiry was initiated against the petitioner under Rules 10 and 11 of the Punjab Jails Department Executive Staff (Punishment and Appeals) Rules, 1943 which are applicable to the State of Haryana. The petitioner was charged with the allegation that on the night intervening 8/9.7.1984, the domestic servant of Shri Sewa Ram, Assistant Superintendent, namely, Krishan, was sleeping in the warder line where the petitioner was also sleeping. Krishan was made to sleep in the warder line because some guests had arrived at the house of Sewa Ram. Another warder of the jail, Shri Satya Van was also to sleep in the warder line and when he (Satya Van) switched on the lights at about 11.30 P.M. he found Bhim Sain and Krishan lying on one cot and on being asked, Krishan told that warder Bhim Sain had done a wrong act with him. Thereafter, father of the servant lodged the First Information Report leading to the arrest and suspension of the petitioner.

(3.) On receipt of the charge sheet, the petitioner submitted an application dated 26.10.1984 and prayed that he may be given 15 days time to file reply and to stay the proceedings of the enquiry. According to the petitioner, the enquiry proceedings could not have continued while criminal case was still pending before a competent Court.