CWP No.18191 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.18191 of 2010 (O&M) Date of Decision: 08.11.2010 **** Vijay Kumar Garg . . . . Petitioner VS. FCI and Ors. . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. GS Bal, Advocate for the petitioner Mr. Rajesh Garg, Advocate for the respondents ***** SURYA KANT J. (ORAL) (1). The prayer in this writ petition is for quashing of the charge-sheet dated 13.05.2010 (Annexure P7) along with the consequential proceedings on the plea that the petitioner is already facing trial on identical charges in the case arising out of the FIR No.40 dated 02.09.2004 under Sections 7,13(2) and 88 of the Prevention of Corruption Act, 1988 registered at Police Station Vigilance Bureau, Patiala. The petitioner’s contention is that he should not be compelled to disclose his defence in advance through the disciplinary proceedings. CWP No.18191 of 2010.doc - 2 – (2). While issuing notice of motion, the disciplinary proceedings were stayed till the examination of the Investigating Officer in the criminal case and/or the production of defence evidence by the petitioner. (3). I have heard learned counsel for the parties. It is not in dispute that the petitioner is facing criminal trial on the identical charges and the case is now fixed for defence evidence. (4). The writ petition is accordingly disposed of with a direction that the disciplinary proceedings pursuant to the impugned charge-sheet dated 13.05.2010 shall remain in abeyance till the petitioner leads his defence evidence before the learned Special Judge in the criminal trial arising out of the afore-mentioned FIR. (5). Ordered accordingly. Dasti. 08.11.2010 vishal shonkar (SURYA KANT) JUDGE