IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Writ Petition No. 5673 of 2009 DATE OF DECISION : OCTOBER 26, 2009 INDERJIT SINGH BUTTER ....... PETITIONER(S) VERSUS STATE OF PUNJAB & ORS. .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. JP SHarma, Advocate, for the petitioner(s). Mr. BS Chahal, DAG, Punjab. AJAI LAMBA, J. (Oral) This petition under Articles 226/227 of the Constitution of India has been filed praying for issuance of a writ in the nature of certiorari quashing order of suspension dated 4.2.2008 (Annexure P-3). Further prayer made is for issuance of a writ in the nature of mandamus directing the respondents to reinstate the petitioner. Essentially, learned counsel for the petitioner contends that despite lapse of 22 months after registration of the FIR against the Civil Writ Petition No. 5673 of 2009 2 petitioner under the provisions of the Prevention of Corruption Act, 1988, the Vigilance Department has failed to file the report under Section 173 of the Code of Criminal Procedure against the petitioner. Learned counsel for the petitioner further states that the petitioner has been under suspension for considerable period. The respondents are not taking any decision in regard to reinstatement or otherwise of the petitioner. The respondents cannot keep the position fluid in regard to the services of the petitioner, pending criminal proceedings, particularly in view of the fact that no departmental proceedings have been initiated. At this stage, it would be wholly inappropriate to quash the order of suspension. The petitioner, however, is entitled to a decision in regard to the claim made in the petition and in representation dated 7.8.2008 (Annexure P-8). This petition is, accordingly, disposed of with directions to respondents No.2 and 3 to take a decision in regard to suspension of the petitioner in the context of the rules and circular(s) issued by the State of Punjab and pass appropriate orders within 3 months of receipt of certified copy of this order. October 26, 2009 ( AJAI LAMBA ) Kang JUDGE 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?