MANDEEP SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner is a retired IAS officer, who has prayed for the issuance of a writ in the nature of mandamus to direct respondent No.2 to comply with the direction/order dated 2.8.2017 passed by the Commission.

(2.) In brief, one FIR No.12 dated 26.8.2015 was registered by Superintendent of Police, Vigilance Bureau, Phase-I, Mohali under Section 13(1)(e), 13(2) of the Prevention of Corruption Act, 1988 and Sections 420, 467, 468,471 & 120-B of the Indian Penal Code, 1860 [for short 'the IPC'] at Police Station, V.B Phase-I, Mohali. The text of the FIR read as under:-

(3.) The petitioner was arrested on 27.2.2017 and remained in judicial custody upto 14.2017. The investigation in the FIR was completed with the preparation of the final report under Section 173 of the Cr.P.C. on 01.02017 which was filed in the Court on 8.2017. It is averred that the petitioner was released on regular bail on 2.06.2017 but while he was in custody, he came to know that the Government of Punjab, Department of Home Affairs and Justice has issued a notification on 5.4.2017 to constitute a Commission of Inquiry under Section 11 of the Commission of Inquiry Act, 1952 to enquire into such issues based on such reference issued to it. The said notification dated 5.4.2017 is reproduced as under: -