Crl.Misc.No.14155-M of 2008 -1 -
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl.Misc.No.14155-M of 2008
Date of Decision: 16.7.2008
Man Singh
..Petitioner.
Vs.
State of Haryana
..Respondent.
CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN
Present:- Mr.M.R.Verma, Advocate for the petitioner.
Mr.S.S.Goripuria , DAG Haryana.
RAKESH KUMAR JAIN, J.
This is a petition under Section 438 Cr.P.C. in a case
registered vide FIR No.09 dated 19.2.2008, under Sections 420,
467, 468, 471,120-B IPC and 13(1)(d) of the Prevention of
Corruption Act with P.S. SVB (H) Hisar.
Tersely, the allegations contained in the FIR are that the
petitioner had appointed Dharam Pal son of Sultan as part time
Peon vide order No.E-3-03/Special-01 dated 24.7.2003 in Govt.
Middle School, Morka whose service was regularised vide a forged
order No.E-11-2033-1379-82 dated 24.7.2003 and he was allowed
to join by Ranbir Singh, S.S.Master after four months on
23.11.2003 by making entry in the order book vide order No.69/03
dated 26.11.2003.
Crl.Misc.No.14155-M of 2008 -2 –
Counsel for the petitioner has contended that Dharam
Pal was appointed on part time basis by the Block Education
Officer, Siwani on 26.7.1997. His service was regularized by the
petitioner on 15.10.2003 and entered the same in the dispatch
register. Dharam Pal was allowed to join service by Ranbir Singh
S.S.Master on 23.11.2003 after presenting medical certificate
required for joining. The contention of the counsel for the
petitioner is that the petitioner had regularized the service of said
Dharam Pal after verifying the original documents of appointment
and length of service, duly attested by Ranbir Singh, S.S.Master.
It is further argued that as per the record, Dharam Pal
was appointed on 26.7.1997 (Annexure P-2) and his service was
regularised after six years on 15.10.2003 (Annexure P-3) as per the
policy.
In view of the above, without expressing any opinion on
the merits of the case, the present petition is allowed. The
petitioner is directed to be released on bail by the
Investigating/Arresting Officer on furnishing bail bonds to his
satisfaction. He shall further abide by the provisions of Section 438
(2) Cr.P.C. He shall also join investigation as and when required
by the Investigating Officer.
(Rakesh Kumar Jain)
16.7.2008 Judge
Meenu