KARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition filed by Karnail Singh (hereinafter described as 'the petitioner) seeking quashing of FIR No. 29 dated 16.3.1988 registered at Police Station Ferozepur Cantt. and the subsequent proceedings arising therefrom including framing of the charges dated 9.3.1989.

(2.) THE facts alleged are that petitioner had been working as Superintendent Grade-II in the office of Deputy Commissioner, Ferozepur since 3.11.1982. The Commissioner, Ferozepur Division passed an order dated 8.3.1988. The petitioner was directed to be reverted to the post of Assistant. The petitioner challenged the said order and filed a civil suit in the court of Senior Sub Judge, Ferozepur. On 12.3.1988 the civil court restrained the respondents from reverting the petitioner. In face of the said order of the civil court, the petitioner continued to work as Superintendent in the office of Deputy Commissioner. Thereafter the petitioner was physically stopped from discharging his duties from 18.3.1988. A first information report was lodged against the petitioner complaining that the petitioner had been reverted to the post of Assistant in the office of Deputy Commissioner, Ferozepur. The order reverting him was conveyed to him on 14.3.1988. Despite that he continued to sit in the office. This amounts to trespass and obstruction in the office work. It was registered with respect of offences punishable under Sections 186/188/427 and 447 IPC.

(3.) NOTICE of the petition had been issued. In the reply filed it is not being disputed that order reverting the petitioner to the post of Assistant was passed on 8.3.1988. With respect to ad-interim ex parte injunction granted by the civil court, the plea offered was that stay order was issued on mispresentation made by the petitioner. In fact the order had been served on the petitioner on 10.3.1988 reverting him from the post of Superintendent. Since the order had been served on 10.3.1988, the petitioner could not come to the office on 14.3.1988, and work as a Superintendent. Instead the came on 14.3.1988 and started signing certain papers. The stay order so granted had been vacated on 18.7.1988.