RAM NIWAS Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner who is a police official, has approached this Court with a prayer for restraining the respondents to continue with departmental inquiry in pursuance to Charge Sheet dated 29.3.2007 during the pendency of criminal trial in case FIR No. 23 dated 27.12.2006 registered under Sections 409, 120-B IPC at P.S. Sectors 31. Faridabad and FIR No. 9 dated 17.1.2007 registered under Sections 409, 120-B IPC registered at P.S. Madhuban. The principal ground to support the aforementioned prayer is that Rule 16.3 of the Punjab Police Rules, 1934, as applicable to Haryana is violated in letter and spirit by permitting the continuation of departmental inquiry.

(2.) Brief facts of the case necessary for disposal of the instant petition are that the petitioner was appointed as Constable in the year 1981. He earned various promotions and was eventually promoted as Assistant Sub-Inspector of Police in the year 2006. He was posted as Incharge of Re-Browning Workshop, 2nd Battalion Haryana Armed Police, Madhuban. On 27.12.2006, the Director General of Police, Head Quarter Faridabad conducted a checking at District Police Line Kot, Faridabad and 303 empty cartridges were found short as per record. On further investigation, it was discovered that on 26.12.2006 EHC Satpal Singh posted in Police Line Kot Faridabad had gone to DGP Kot Madhuban to deposit 7790 empty cartridges but he had actually deposited only 7090 empty cartridges. An-FIR No. 273 was lodged against Satpal Singh on 27.12.2006 at P.S. Sector 31, Faridabad. On 28.12.2006, Superintendent of Police, Faridabad wrote a letter to respondents explaining the aforementioned position and requested for conducting a checking of records as well as stocks in DGP Kot Madhuban. In the checking conducted at DGP Kot Madhuban, empty cartridges weighing 8 quintals 12 kgs were found short. On 3.1.2007 respondents constituted a committee to check the relevant record of Arms and Ammunitions and directed the Committee to submit its report fixing the responsibility, for the shortage. The Committee submitted its report to the respondents by recording the finding that Incharge DGP Kot Sub Inspector Prem Singh and Assistant Sub Inspector Jai Kishan, were responsible for the shortage. On 4.1.2007, the petitioner was placed under suspension. After conducting checking of DGP Kot Madhuban on 17.1.2007, an FIR was lodged against Prem Singh, who was posted at DGP Kot Madhuban where the empty cartridges were found short.

(3.) It is conceded position that the name of the petitioner has been added in both the FIRs during investigation. In case FIR No. 273 challan was presented in the Court in September 2007. Which is pending consideration for 16.12.2008. In case FIR No. 9 dated 17.1.2007 charges have not been framed and the trial court has fixed 26.8.2008 as next date of hearing.