Balbir Singh vs Ashish Chaudhary on 24 February, 2009

IN THE HIGH COURT OF PUNJAB AND HARYANA
              AT CHANDIGARH


                                        C.O.C.P. No. 1874 of 2008
                                         Date of Decision : February 24, 2009

Balbir Singh
                                                                   ....Petitioner
                                    Versus

Ashish Chaudhary, S.S.P., Bathinda and another
                                                               .....Respondents

CORAM : HON'BLE MR. JUSTICE T.P.S. MANN

Present :     Mr. Narinder Singh, Advocate
              for the petitioner.

              Mr. M.C. Berry, Additional Advocate General, Punjab
              for the respondents.

T.P.S. MANN, J. (Oral)

Reply filed on behalf of respondent No. 1 today in the Court is

taken on record. Copy thereof has been supplied to learned counsel for the

petitioner.

On May 23, 2008, while disposing of the petition filed on behalf

of the petitioner, a direction was issued to respondent No. 1 to decide the

representation dated 29.4.2008, earlier submitted by the petitioner, within a

period of one month from the receipt of certified copy of the order.

In his reply, respondent No. 1 has stated that the petitioner

produced the photocopy of the aforementioned order before him on

31.5.2008. The same was considered and disposed of on 4.7.2008 by the

Senior Superintendent of Police, Bathinda with an observation that based
C.O.C.P. No. 1874 of 2008 -2-

upon the enquiry conducted by S.I.T., the cancellation report was prepared as

the allegations levelled by the petitioner were found to be having no

substance in them. In the meanwhile, certified copy of the order dated May

23, 2008 passed by the High Court was also received in the office of Senior

Superintendent of Police, Bathinda on 24.6.2008. Pursuant to the same, the

Deputy Superintendent of Police (Rural) was directed to conduct an enquiry

and to submit the report. The Enquiry Officer submitted his detailed enquiry

report on 12.7.2008. Respondent No. 1 considered the enquiry report and

perused all the evidence, which came on the record. He felt satisfied with the

enquiry report, which was in accordance with the facts of the case and,

therefore, he passed an order on 18.7.2008, whereby the representation of the

petitioner was filed (consigned). It has also been mentioned that the

cancellation report was submitted before the learned Ilaqa Magistrate on

September 30, 2008, pursuant to which the petitioner was summoned for

31.10.2008. The petitioner, appeared before the learned Magistrate and

suffered a statement that he did not agree with the cancellation report.

Consequently, learned Magistrate directed for reinvestigation of the matter

vide order dated December 20. 2008.

In view of the above, order dated May 23, 2008 passed by this

Court stands duly complied with. The petition has been rendered infructuous

and, therefore, disposed of. Rule is discharged.

                                                   ( T.P.S. MANN )
February 24, 2009                                       JUDGE
satish