Rajbir Singh v. State of Haryana
In the High Court of Punjab & Haryana
C.W.P. 11203/2020 & 17535/2020
Before Justice Vikas Bahl
Decided on December 04, 2023

Relevancy of the case: Petition for staying the departmental proceedings in a case involving the preparation of fake bills and transfer of government funds at an SP Office

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66)
• The Indian Penal Code, 1860 (Section 120B, 409, 420, 467, 468, 471)

Relevant Facts of the Case

• Petitioner 1 (P1) worked as a TA Clerk in the accounts branch of the Office of the Superintendent of Police, Karnal, along with the other four petitioners who worked as employees at the same office.
• The FIR states that the petitioner prepared fake TA bills and deposited them in various accounts. They had misappropriated the funds of the State Government, illegally withdrawing lakhs of rupees. There were 81 prosecution witnesses in all.

Prominent Arguments by the Advocates

• The petitioner’s counsel prayed to keep the departmental proceedings in abeyance until the trial court examined all common witnesses in the criminal proceedings.
• The respondent’s counsel opposed that criminal and departmental proceedings can proceed simultaneously; there is no bar to conduct them simultaneously. The case does not raise complicated questions, so the court should allow the department to proceed.

Opinion of the Bench

• It would not be in the interest of justice to keep the departmental proceedings pending any further.
• If the criminal case does not proceed, departmental proceedings can resume for a conclusion.
• If the departmental inquiry finds the petitioners guilty, the department should eliminate them. If not, the petitioners’ honour should be vindicated.

Final Decision

• The bench found the present petition meritless and dismissed both the writ petitions.