HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. *** CWP No. 16678 Of 2006 Date of Decision: 22.10.2009 *** Surinder Juneja Vs State of Haryana and others. *** CORAM: Hon'ble Mr. Justice T.S.Thakur, Chief Justice and Hon'ble Mr. Justice Mahesh Grover. *** Present: Shri Ravi Dhaliwal, Advocate, for the petitioners. Shri Rameshwar Malik Addl: A.G.Haryana. Shri A.R.Takkar, Advocate, with Shri Vineet Yadav, Advocate, for the delinquent official. *** T.S.Thakur, CJ (Oral) This petition has been filed in public interest. It prays for a mandamus directing the respondents to arrest the police officers involved in FIR No. 47 dated 17.06.2001 registered in the Police Station, Parrao (Ambala Cantt), for offences punishable under Sections 363, 366 and 376 of the Indian Penal Code and also to hold an inquiry as to the circumstances in which the prosecutrix and other witnesses in the said case had turned hostile. Facts giving rise to the filing of this petition may be briefly summarized as under:- FIR No. 47 dated 17.06.2001 was registered in Police Station, Parrao (Ambala Cantt), for offences punishable under Sections 363, 366 and 376 of Indian Penal Code against 10 individuals, named in the FIR, including Phool Kumar, Station House Officer of the Police Station. Since three out of those named in the FIR including Phool Kumar were subsequently declared as proclaimed offenders by the Court of Judicial Magistrate Ist Class, Ambala in terms of an order dated 15.10.2001, a charge sheet, it appears, was eventually filed against only seven accused persons, who were committed for trial to the court of Sessions but were finally acquitted in terms of a judgment dated 6.05.2002 delivered by the Additional Sessions Judge, Ambala. Vipin Kumar, one of the proclaimed offenders also appears to have eventually surrendered and was on the basis of material on record committed to the Court of CWP No. 16678 Of 2006 Sessions who in turn discharged him in terms of an order dated 28.03.2003. In so far as Phool Kumar and Tarsem Lal, the other two proclaimed offenders are concerned, they were also discharged in terms of an order dated 9.11.2007 passed by the Judicial Magistrate Ist Class, Ambala. All these orders have attained finality. Disciplinary proceedings were all the same initiated against Phool Kumar for unauthorized absence from duty for the period commencing 12.07.2001 till 23.11.2001. It was alleged that while the said officer had been placed under suspension on account of his involvement in the criminal case mentioned above and attached to the Police Lines, Ambala, he had remained absent from the place to which he was posted/attached. He was therefore guilty of mis-conduct punishable under the Service Rules. The disciplinary inquiry concluded by the Superintendent of Police, Karnal exonerated Phool Kumar of the charge of un-authorized absence in terms of an order dated 14.05.2002 passed by him. The present writ petition was in the meantime filed by the petitioner in public interest highlighting the events mentioned above and alleging mischief and cover up to protect the police officer allegedly involved in a heinous offence of rape. This Court while issuing notice of motion to the respondents made certain observations which led the Inspector General of Police, Rohtak to intervene and to issue a dis-agreement note to Shri Phool Kumar, where under the exoneration granted to him by the Superintendent of Police, Karnal was sought to be reversed and a suitable punishment imposed upon him. Phool Kumar offered an explanation which did not find favour with the Inspector General of Police who eventually passed an order dated 20.02.2009 directing stoppage of three future annual increments with cumulative effect. Aggrieved by the said order, Phool Kumar appears to have preferred an appeal before the Director General of Police, Haryana which appeal was dismissed on 07.07.2009. When the above developments were brought to our notice in the present proceedings, we asked Mr.Takkar, counsel appearing for Phool Kumar to take instructions whether the latter proposed to assail the order of punishment passed by the Inspector General of Police, Rohtak and affirmed by the Director General of Police, Haryana. Mr. Takkar has pursuant to the said order filed an application and placed on -3- CWP No. 16678 Of 2006 record an affidavit of Phool Kumar specifically stating that he does not propose to file any appeal, review or any other proceedings against the order of punishment passed by the authorities afore-mentioned. Mr. Takkar submitted that since the purpose underlying these proceedings has been achieved by a suitable order of punishment imposed upon Phool Kumar and since the case arising out of FIR No. 47 dated 17.06.2001 stands finally disposed off by the competent courts, there is nothing further left to be determined in these proceedings especially when Phool Kumar has made a categoric statement on oath that he does not want to question the validity of the punishment order in question passed against him. Learned counsel appearing for the petitioner has in the light of the above no serious objection to the disposal of this petition. He submitted that any challenge despite the statement made by the accused to order of punishment in the matter in any court or before any authority should give the petitioner the liberty to have the present proceedings revived for appropriate orders. In the circumstances, therefore, we dispose off this petition with the observation that in case there is any occasion for the petitioner to re-agitate the matter, it shall be open to him to seek revival of these proceedings. Beyond that we do not find the present to be a case in which we ought to pass any further orders at this distant point of time especially as regards the merits of the allegations or the orders passed by the courts below which have already attained finality. The parties are left to bear their own costs. (T.S.Thakur) Chief Justice (Mahesh Grover) October 22, 2009 Judge Malik