EHC DHAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) In the present civil writ petition, the petitioners are seeking quashing of order dated 05.11.2014 (Annexure P-2) passed by respondent No. 2 whereby regular departmental enquiry has been ordered against the petitioner as well as statement of allegations dated 14.11.2014 (P-3) issued to the petitioners by respondent No. 3.

(2.) The factual matrix of the present case are that petitioner No. 1 joined Haryana Police as EHC on 15.08.2001, petitioner No. 2 joined as Constable on 31.01.2009 and petitioner no. 3 joined as Constable on 008.2007. They were posted in Police Guard, Gurgaon when F.I.R No. 928 dated 03.11.2014 under section 3/7/13 of Prevention of Corruption Act and 120- B/34 Penal Code (P-1) was lodged at P.S. Civil Lines, Gurgaon at the instance of complainant Amit of CIA Staff, Gurgaon against the petitioners with the allegations that they were assigned the duty of taking the accused Vijay Bhardwaj to CBI Court Panchkula from Bhondsi Jail, Gurgaon for hearing in case F.I.R No. 117 dated 23.08.2008 under Sec. 302 Penal Code and Arms Act, registered at P.S. Civil Lines, Gurgaon. The allegations against the petitioners in the F.I.R are that they after taking bribe and in collusion with the aforesaid accused, has illegally taken the accused to his house and on receiving secret information, the complainant found the accused Vijay Bhardwaj to be taking rest in the front drawing room of the house whereas the petitioners were taking rest in the back side room of the house of the accused.

(3.) Pursuant to registration of the above F.I.R against the petitioners, respondent No. 2 placed the petitioners under suspension, vide communication/order dated 05.11.2014 (P2). Thereafter, respondent No. 3 issued statement of allegations dated 14.11.2014 (P-3) against the present petitioners along with list of witnesses and documents to prove the charges. The departmental proceedings were then initiated against the present petitioners. The police also submitted the report under Sec. 173 Cr.P.C , 1973 against the petitioners and vide order dated 05.01.2016 charges were framed against the petitioners.