Balbir Singh vs State Of Haryana And Others on 20 April, 2009

CWP No.3272 of 2009                                 -1-

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH.

                                      CWP No.3272 of 2009
                                      Date of Decision: 20.04.2009


Balbir Singh
                                                                  ...Petitioner

                                VERSUS

State of Haryana and others
                                                               ...Respondents

CORAM: HON’BLE MR. JUSTICE AJAY TEWARI

Present: Mr. Deepak Sibal, Advocate
for the petitioner.

Mr. Harish Rathee, Sr. DAG, Haryana.

AJAY TEWARI J. (ORAL)

The petitioner has challenged the holding of disciplinary

proceedings on the same allegations as those for which he is facing criminal

trial. Learned counsel for the petitioner has informed me that the case has

been fixed for framing of charges for 23.04.2009.

Limited prayer made by learned counsel for the petitioner is

that the investigating officer, the shadow witness and the complainant be

first examined in the Court so that cross examination to be conducted by the

petitioner can be concluded and that thereafter the inquiry proceedings can

go on.

Though learned Senior Deputy Advocate General has

vehemently argued that even this limited prayer of the petitioner is not

justified, yet I feel that if a time bound direction is given for the recording

of the evidence of these witnesses, it might be in the interest of justice to
CWP No.3272 of 2009 -2-

defer the disciplinary proceedings till these witnesses are examined.

In the circumstances, the trial court, Special Judge,

Yamunanagar is directed to finalize the proceedings regarding the framing

of charges on 23.04.2009 itself and in case charge is framed then the three

witnesses mentioned above would be examined on or before 26.05.2009.

For this purpose, learned Senior Deputy Advocate General, Haryana has

also stated that he would ensure that prosecution does not seek unnecessary

adjournment for producing these witnesses.

The case is adjourned to 28.05.2009. Interim order is directed

to be continued till then.

It is further clarified that in case charge is not framed or in the

event the petitioner does not cross examine these witnesses, the stay order

shall stand automatically vacated.

Let the copy of this order be supplied to learned Senior Deputy

Advocate General, Haryana under the signature of the Court Secretary for

information to the inquiry officer as well as to the learned trial Judge and

the prosecuting agency to ensure that the matter is not delayed.

                                                             ( AJAY TEWARI )
April 20, 2009                                                    JUDGE
ashish