IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Writ Petition No.23481 of 2010 DATE OF DECISION : DECEMBER 24, 2010 HARJINDER SINGH AND ORS. ....... PETITIONER(S) VERSUS STATE OF PUNJAB & ORS. .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. RP Singh, Advocate, for the petitioner(s). AJAI LAMBA, J. (Oral) 1. 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 dated 9.12.2010 (Annexure P-4). 2. The sequence of events as disclosed from the paper book is that FIR bearing No.221 dated 27.11.2010 has been lodged in Police Station, Dhariwal, District Gurdaspur, under Section 68 of the Police Act. The allegation in the FIR is that the petitioners were found drinking in Government High School, Dhehriwal Daroga. The petitioners are Head Master, Teachers and a Peon. 3. During arguments, learned counsel for the petitioners admits that in medical examination, indeed, alcohol was found to have been Civil Writ Petition No.23481 of 2010 2 consumed by the petitioners. 4. Vide order dated 9.12.2010 (Annexure P-4), the services of the petitioners have been placed under suspension. 5. Learned counsel for the petitioners contends that order (Annexure P-4) is a result of mala fide as respondent No.5-Shri Sewa Singh Sekhwan, Education Minister, is inimical towards petitioner- Harjinder Singh, on account of some dispute. 6. On a perusal of the documents placed before me, I do not find any litigation of respondent No.5 with petitioner-Harjinder Singh. 7. So far as impugned order (Annexure P-4) is concerned, I find that it has been passed on the basis of material viz. a criminal case. The petitioners have been alleged to be consuming alcohol in school premises. 8. In view of the fact that order (Annexure P-4) is based on facts and suspension is an interim arrangement pending inquiry, I find no reason to interfere in extra ordinary writ jurisdiction. 9. The writ petition is, accordingly, dismissed in limine. 10. The respondents, however, are directed to serve a charge- sheet/initiate departmental proceedings, if any, against the petitioners within a period of two months of receipt of certified copy of the order. The inquiry/proceedings shall be concluded within three months thereof. The petitioners would give their complete cooperation in the departmental proceedings. The direction is being issued as the petitioners cannot be kept under suspension for indefinite period. December 24, 2010 ( AJAI LAMBA ) Kang JUDGE