Civil Writ Petition No. 15107 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 15107 of 2010 Date of decision:- 12.7.2011 Kulwant Singh ...Petitioner Versus State of Punjab and others ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. S.K. Sharma Budhladawale, Advocate for the petitioner. Ms. Anu Pal, AAG Punjab for respondent Nos.1 and 2. Mr. C.M. Munjal, Advocate for respondent No.3. Mr. O.P. Kamboj, Advocate for respondent No.4. RITU BAHRI J. This writ petition has been filed seeking direction in the nature of mandamus directing the respondent No.2 to transfer the respondent Nos.3 and 4 from the place of present posting i.e. Ferozepur in view of the corruption cases pending against them. The petitioner has joined the office of the Deputy Commissioner, Amritsar as clerk in 1975. The petitioner was convicted in FIR No.131 dated 21.9.1995 under Sections 409,420,467 and 468 IPC, vide order dated 11.9.2008 for three years. The Appellate Court vide its detailed judgment dated 27.5.2009 acquitted the petitioner against all the charges. After his acquittal, he was ordered to be reinstated back to his service on 21.10.2009. On 03.11.2009 the petitioner had joined in the Inquiry Branch in the office of the Deputy Civil Writ Petition No. 15107 of 2010 -2- Commissioner, Ferozepur. The problems of petitioner started when he made representations for releasing of his salary and allowances for the suspension period from 08.6.1995 to 03.11.2009. The allegation is that respondent No.4 Baldev Singh, Senior Assistant, Establishment Branch and respondent No.3 Dharampal, Superintendent Grade-I were dealing with the case of petitioner for releasing his dues, unnecessarily delayed the file. Both the respondents were caught red handed by the Vigilance Department accepting bribe from the petitioner on 12.3.2010. An FIR (Annexure P-4) was lodged against respondent Nos.3 and 4. The petitioner was transferred on 1.4.2010 from Ferozepur to Abohar. This order was challenged and petitioner was posted at Zira. Transfer of respondent Nos.3 and 4 is being sought on the ground that an FIR has been registered against them and in view of the transfer policy 2010-2011. Mr. S.K. Sharma, counsel for the petitioner has referred to the instructions dated 27.9.1954 (Annexure P-5) to contend that respondents should be transferred as they were facing criminal proceedings on an FIR registered while accepting bribe from the petitioner. He has also referred to the instructions dated 08.9.1962 (Annexure P-6) whereby the Establishment Clerks should be appointed with proven integrity. Mr. O.P. Kamboj, counsel appearing for respondent No.4 has argued that he has not dealing with the case relating to finalization of arrears of suspension time of the petitioner from 08.6.1995 till 03.11.2009. The Deputy Commissioner on 25.5.2010 has directed some other senior assistant to deal with the case of the petitioner. A case with regard to release of pay and allowances of the petitioner is pending in this Court in Writ Petition No.6943 of 2010. Reference has been made to an order dated 18.3.2011 in Criminal Misc. No. M- 26262 of 2010 whereby after investigation in the FIR registered against respondent Nos.3 and 4 cancellation report has been prepared which is now pending before the Chief Director, Vigilance Bureau, Punjab for approval. Civil Writ Petition No. 15107 of 2010 -3- Ms. Anu Pal, AAG Punjab on the basis of reply has argued that the petitioner was convicted in the trial in FIR No.131 dated 21.9.1995 under Sections 409,420,467 and 468 IPC and on appeal, the Sessions Judge had acquitted him. The record of the departmental inquiry, pending against the petitioner was requisitioned from the Judicial Department. The departmental inquiry could not be finalized and therefore, the decision about the payment of pay and allowances could not be taken. The petitioner had challenged the departmental inquiry in Writ Petition No.1764 of 1995 and this Court had stayed the proceedings during the pendency of the trial. After conclusion of the trial, the departmental proceedings have to be finalized and i.e. why the payment and allowances during the suspension period could not be made. As regards transfer of respondent Nos.3 and 4, respondent No.3 is due to retire on 30.4.2012, it is apparently clear that he is left with only one year and seven months and he was appointed on 16.2.2010 at the present place of posting vide order dated 4.2.2010 (Annexure R-2). Respondent No.4 had joined the office on 17.5.2006 vide order dated 15.5.2006 (Annexure R-3). Ms. Anu Pal, AAG Punjab submits that after acquittal when the petitioner's case for release of suspension allowances was under process, respondent Nos.3 and 4 had mentioned in their noting dated 22.2.2010 that a departmental inquiry was pending against the petitioner. Apprehension of the petitioner is that these respondents were creating hurdles for release of pay and allowances for the suspension period, an FIR was registered on 12.3.2010. As far as arrears of salary for suspension period is concerned, the matter is pending in this Court in Writ Petition No.6943 of 2010. The case of the petitioner is not being finalized on account of non-receipt of requisite record from the Court of District & Sessions Judge, Ferozepur. The allegation that respondent Nos.3 and 4 were demanding bribe, after investigation has been found to be false and cancellation report has been prepared and submitted before the Court of Chief Civil Writ Petition No. 15107 of 2010 -4- Director Vigilance Bureau, Punjab for approval as informed by respondent No.4. Postings and transfers are administrative matters. I have heard learned counsel for the parties and have gone through the case file carefully. After going through the entire case and facts the petitioner's case for release of suspension allowances and arrears is pending in this Court in Writ Petition No.6943 of 2010. Respondent Nos.3 and 4 against whom an FIR had been registered on the allegation of demanding bribe has been found to be false. The record of the disciplinary inquiry has been received by the Department from the District & Sessions Judge, Ferozepur. The Deputy Commissioner has stated in his reply that the file of the petitioner is not being dealt with by respondent Nos.3 and 4, it is being dealt by some other senior assistant of the office. No ground is made out to give direction for transferring the respondent Nos.3 and 4 from their present place of postings. It is directed that in future the file of the case of petitioner shall not be dealt with by respondent Nos.3 and 4. The writ petition is disposed of accordingly. July 12, 2011 ( RITU BAHRI ) Vijay Asija JUDGE