PARVINDER LAMBA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking direction to respondents to keep departmental proceedings in abeyance till the conclusion of criminal proceedings arising out of FIR No. 105 dtd. 13/7/2021, under Ss. 323, 427, 506 read with Sec. 34 of IPC (Ss. 307 and 325 IPC added later on), registered at Police Station Satnali, Mahendragarh (Annexure P-1)

(2.) Mr. Anshul Jain, Advocate submits that case of petitioner is squarely covered by judgment of Supreme Court in Capt. M. Paul Anthony vs. Bharat Gold Mines Ltd., 1999(3) SCC 679. The foundation of trial as well as departmental proceedings is same, thus, unless and until he is found guilty by trial Court, he should not be departmentally punished.

(3.) Mr. Akshit Pathania, A.A.G, Haryana submits that a Coordinate Bench of this Court after noticing judgment of Supreme Court in Capt. M. Paul Anthony's case (supra) has dismissed a bunch of petitions including CWP No.15845 of 2023. The aggrieved officials preferred intra court appeals including LPA No.1255 of 2024 and 1146 of 2024. The intra court appeals stand dismissed vide judgment dtd. 22/5/2024 and 8/5/2024.