The Punjab and Haryana High Court has dismissed the plea of a former registrar (recruitment) of the court docket, searching for quashing of the order which stayed the departmental inquiry until the conclusion of the legal trial of the FIR lodged towards him in 2017. They have been represented for planting. Was rejected. The petitioner, Dr. Balwinder Kumar Sharma, is an accused within the 2017 Haryana Judicial Paper Leak Case together with eight others lodged on the Chandigarh Police Station.
A division bench of Justices Jaswant Singh and Sant Prakash refused to grant any aid to Sharma, saying, “The petitioner is taking salary as an employee under suspension and given the nature it is neither desirable for any court and Nor is it justified. And the seriousness of the allegations, forcing an employer to continue to pay an employee, who does not find it appropriate to continue the establishment as part of his own, preventing the conclusion of departmental proceedings. “
The petitioner’s counsel, advocate Ramesh Kumar Bamal, had sought to quash the departmental inquiry marked by the High Court towards Sharma, contending that the fees framed by the legal court docket and issued by the Registrar Vigilance, Punjab and Haryana High Court The memorandum taken was solely noticed. , Would present that each are primarily based on the identical set of info in addition to documentary proof and subsequently each can’t proceed concurrently as a result of petitioner’s protection can be prejudiced in a legal trial whether it is allowed to proceed with the departmental investigation. Also, the allegations and info made within the departmental inquiry and the paperwork forming the premise of the legal trial are related and the witnesses are additionally related. Advocate Bamal additionally argued that within the different, if the departmental inquiry can’t be stayed till the choice of the legal case, then the departmental inquiry ought to be postponed until the examination of the witnesses, which is frequent for each the trial and the investigation. .
The bench, after listening to the arguments, stated that “when an employee is implicated in a criminal offense, the disciplinary authority taking cognizance of the initiation of such criminal offense, shall take appropriate action in accordance with the statutory rules governing the post of departmental.” Takes motion. The worker is apprehended. If the offense is of a critical nature, which may have an effect on the integrity / character of an worker, the division instantly suspends the worker and initiates additional departmental proceedings.
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With inputs from TheIndianEXPRESS
