A former Sarpanch challenged an inquiry order that directed FIR registration without providing him the record for filing his reply. The court held the FIR direction unsustainable at this stage, directed provision of record and personal hearing, stayed FIR registration, and disposed of the petition.
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THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No.6852 of 2022 Date of Decision: 29.04.2024
Samunder Singh
..... Petitioner
Versus
State of Haryana and others
..... Respondents
CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ
Present: Mr. Atul Lakhanpal, Senior Advocate with Mr. Rajwant Singh Chahal, Advocate for the petitioner.
Ms. Upasna Dhawan, AAG, Haryana.
Mr. Simranpreet Singh, Advocate for respondent No.2. *******
RAJESH BHARDWAJ, J. (ORAL)
RITTU 2024.04.30 10:26 I attest to the accuracy and integrity of this document
CWP No.6852 of 2022
-22024:PHHC:058081
conducted against him. He submits that the petitioner was never associated with the inquiry and thereafter he was served with the notice dated 21.02.2022 to which the petitioner filed application dated 02.03.2022 wherein the petitioner prayed for providing him record for filing the reply. However on completing the ex parte inquiry, he was issued with the impugned show cause notice dated 16.03.2022 wherein a direction was also given to register the FIR against the petitioner without any delay. He has submitted that the relevant record was not provided to the petitioner for filing reply but surprisingly direction has been given for registration of the FIR.
RITTU 2024.04.30 10:26 I attest to the accuracy and integrity of this document
CWP No.6852 of 2022
2024:PHHC:058081
-3-
petitioner was given liberty to inspect the record but simultaneously a direction was also given for registration of the FIR without any delay.
(RAJESH BHARDWAJ) JUDGE
29.04.2024 rittu
Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
RITTU 2024.04.30 10:26 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether the direction to register an FIR against a former Sarpanch, issued before he could inspect records and file his reply to the show cause notice, was sustainable?
Samunder Singh
State of Haryana and others
Rajesh Bhardwaj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
