BALWINDER SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This writ petition has been preferred by one Balwinder Singh who was posted as Moharar Head Constable (Munshi) in Police Station Division No. 7, Jalandhar when an FIR was registered against him under Sections 7 and 13 of the Prevention of Corruption Act, the allegation being that he took illegal gratification of Rs. 2500/- for releasing a moped ceased by the police. As a result, he was charged under Sections 7 and 13 of the Prevention of Corruption Act and a criminal trial ensued. Simultaneously, departmental proceedings were initiated against him.

(2.) The petitioner has prayed for a writ of mandamus directing the respondents not to proceed with the departmental inquiry as he would be compelled to disclose his defence in the same, due to which his trial for criminal charge will be prejudiced.

(3.) A detailed reply has been filed on behalf of the respondents. It has been stated therein that the departmental inquiry has been rightly and legally initiated against the petitioner under Rule 16.24 of the Punjab Police Rules and that there is no legal bar to conduct a regular departmental inquiry on the basis of same facts on which the criminal case is pending. It has been further averred that petitioner has no legal right to seek a writ of mandamus for stopping the departmental proceedings during the pendency of the criminal trial as both can proceed simultaneously. However, in view of the interim order passed by this court on 9th November, 2006, the departmental proceedings had been stopped vide order No. 123001-07 dated 5th December, 2006.