Extracted from the PDF above. The PDF is authoritative.
181 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP-23463-2024 Date of Decision : 28.03.2025 ANIL KUMAR .....Petitioner VERSUS STATE OF PUNJAB AND OTHERS
.....Respondents
CORAM:
HON'BLE MR. JUSTICE KULDEEP TIWARI Present : Mr. Sameer Sachdeva, Advocate for the petitioner. Mr.Pardeep Bajaj, DAG, Punjab for respondents no.1 to 4. Mr. Hemant Singh Oberoi, Advocate, for respondent no.5.
KULDEEP TIWARI,
J.(Oral)
1. Through the instant writ petition filed under Article 226/227 of the Constitution of India, a prayer is made for issuance of a directions upon official respondents no.1 to 4, to initiate departmental/disciplinary action as well as to take appropriate criminal action including arresting the private respondent no.5, who despite having been involved in a criminal case, registered under the provisions of Prevention of Corruption Act, has not been arrested.
2. Today, a reply, daed 26.03.2025, by way of an affidavit of Sh.Manoj Gorsi, DSP, City-II, Patiala, has been filed, by the learned State counsel today in Court, which is taken on record, with a copy thereof supplied to learned counsel for the petitioner.
DHARAM VIR 2025.04.02 14:23 I attest to the accuracy and integrity of this document
CWP-23463-2024 -2-
3. What surfaced on perusal of the instant petition as well as the reply (supra), that in the instant matter, not only an FIR has been registered against respondent no.5-ASI Mandeep Singh, under the apt provisions of Prevention of Corruption Act, but also, departmental proceedings have been initiated against him. It is also informed to this Court that the anticipatory bail application of respondent no.5, is pending
consideration before the Hon'ble Supreme Court, wherein, a stay has been granted in his favour. Further, the departmental proceedings have also been initiated against him, vide order dated 14.06.2024, and an Enquiry Officer, has also been appointed in this regard. Further, the reply reveals that the departmental enquiry, has been ordered to be stayed by the Senior Superintendent of Police, Patiala, vide order dated 04.11.2024.
4. In view of the above, since the prayer in the instant petition for taking criminal action and departmental action, has rendered infructuous, therefore, no order is required to be passed by this Court.
5. Consequently, the instant petition is closed, and disposed of accordingly. However, in case the petitioner fetches any grievances from the order staying departmental enquiry by the Senior Superintendent of Police, Patiala, he is at liberty to take alternate remedy, if any, available as per law.
(KULDEEP TIWARI) March 28, 2025
JUDGE dharamvir Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No DHARAM VIR 2025.04.02 14:23 I attest to the accuracy and integrity of this document