Bhoop Singh vs State Of Haryana And Others

Vikas Bahl, J

This is a civil writ petition filed under Article 226/227 of the Constitution of India for issuance of a writ, order or direction especially in the nature of certiorari for quashing the charge sheet dated 02.08.2023 (Annexure P-2) issued by respondent no.4.

Learned State counsel has pointed out that the Haryana Civil Services (Punishment and Appeal) Rules 2016 relied upon by the petitioner would not be applicable as the Punjab Police Rules as applicable to the State of Haryana are applicable in the present case and the procedure for departmental enquiry is prescribed under Rule 16.24 of the said Rules. It is further submitted that the petitioner has only annexed the summary of charges and has not annexed the order passed by the Superintendent of Police dated 24.07.2023 and also other documents prior to the said summary of charges which would show that the initiation of the departmental enquiry is by the Superintendent of Police and which is in accordance with Rule 16.24 of the Punjab Police Rules 1934 as applicable to the State of Haryana.

Learned counsel for the petitioner, in view of the above, seeks to withdraw the present petition with liberty to file a fresh petition after giving full and better particulars and after referring to the relevant rules.

In view of the statement made by learned counsel for the petitioner, the present petition is dismissed as withdrawn with the aforesaid liberty.

It is made clear that in case any such petition is filed then all the issues including maintainability would be considered at that stage.