CWP no. 10589 of 2010(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP no. 10589 of 2010(O&M) Decided on : 17-05-2011 HC Jai Bhagwan and another ....Petitioners VERSUS State of Haryana and others ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. Neeraj Kumar, Advocate for the petitioners Mr. Sunil Nehra, Sr. DAG, Haryana MAHESH GROVER, J The petitioners are impugning the show cause notice issued to them (Annexure P-7) on the ground that the similar show cause notice was issued to them on the allegation of same misdemeanour vide Anneuxre P-1 which was then taken to its final conclusion and a punishment of 2 annual increments was ordered to be inflicted upon them by the Director General of Police exercising its revisional jurisdiction which punishment was inflicted upon the petitioners as a reduced measure of the initial punishment of dismissal awarded. Learned counsel for the petitioners contends that once the petitioners have been awarded a punishment for the same mis-conduct they cannot be punished again. Learned counsel for the respondents then contended that in the said criminal proceedings emanating from FIR no. 314 dated 14.6.2006 under Sections 302, 353, 332, 148, 186, 149 IPC, the learned Trial Court CWP no. 10589 of 2010(O&M) 2 while awarding the acquittal to the accused persons commented adversely against the conduct of the petitioners who had deliberately suppressed the truth from the Court by giving a statement which was hostile to the prosecution case. It observed in para 20 as follows:- “20. Before parting with judgment, this Court is of the view that proceeding under Section 340 Cr.P.C are liable to be initiated against Head Constable Jai Bhagwan (PW-1) and Constable Jitender (PW2). As discussed earlier, said witness were part of police party when SI Jagdish Chander was killed. They have not supported the prosecution version and have denied the identity of the accused during trial. Prosecution was lodged on the statement of Head Constable Jai Bhagwan (PW- 1) but he has shown the audacity of turning hostile. Jagdish Chander ASI who was on duty was lynched in the presence of HC Jai Bhagwan (PW-1) and C.Jintender (PW-2) but they have not identified the accused despite being members of disciplined force. They have intentionally given false evidence, whereas being members of police force they were duty bound to depose as per version given by them during investigation. Both the said witnesses are not ordinary citizens who could have got afraid. It appeared that they have turned hostile and deposed in favour of accused for some consideration and action deserves to be taken against them. Thus, the separate proceedings under Section 340 Cr.P.C for prosecuting HC Jai Bhagwan (PW-1) and C.Jitender (PW-2) be intimated. Copy of this judgment alongwith statement of PW-1 and PW-2 recorded during CWP no. 10589 of 2010(O&M) 3 investigation and before this Court be kept on record separately and make part of proceedings under Section 340 Cr.P.C which he registered as separate misc. case.” Mr. Nehra contends that this subsequent show cause notice is a result of the directions of the Court as also the direction issued by Chief Secretary of the State of Haryana requiring stern action against the officials who resile from their statements. On due consideration of the matter, I am of the considered opinion that the petitioners have already suffered the consequences for their acts in departmental proceedings initiated vide Annexure P-1 and therefore the subsequent show cause notice on the same cause is unsustainable. The said notice is therefore quashed. However, this will not prejudice the proceedings under Section 340 Cr.P.C initiated by the Court against the petitioners. In case for some reasons the proceedings have not commenced, the Court of the Additional Sessions Judge, Rohtak who made the observations shall ensure that the petitioners are proceeded against as directed in the said judgment. Hence, disposed of in the aforesaid terms. Let a copy of this order be sent to the Additional Sessions Judge, Rohtak. May 17 , 2011 (Mahesh Grover) rekha Judge