RANBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition prays for issuance of a writ of certiorari for quashing charge sheet dated 27.4.2006 (P-6) issued by the Superintendent of Police, Kurukshetra. A further prayer has been made for quashing order dated 27.4.2006 (P-7) placing the petitioner under suspension during the pendency of inquiry. It has also been directed by the aforementioned order that the proceedings be held on day-to-day basis.

(2.) The petitioner is facing charges of attempt to rape a lady Constable by showing her revolver before a criminal court. A case under Section 376/511, 342/506 IPC has been registered against the petitioner vide FIR No. 213, dated 24.4.2006 at Police Station Sadar, Thanesar. The petitioner has also prayed for staying the entire departmental proceedings during the pendency of criminal proceedings.

(3.) We have heard learned counsel who has argued that the defence of the petitioner would be seriously prejudiced if departmental proceedings are permitted to continue. According to the learned counsel the aforementioned principle has been laid down by Hon'ble the Supreme Court in the case of State Bank of India v. R.B. Sharma, 2005 (1) Apex Court Judgments 77. However, learned counsel has conceded that the departmental proceedings are in progress and three departmental witnesses have been examined and the petitioner has also cross-examined those witnesses.