LPA No. 1092 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No. 1092 of 2010 (O&M) Date of Decision 18.11.2010 Vidya Dhaka -----Appellant Versus State of Haryana and others ---Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MS. JUSTICE RITU BAHRI Present: Mr. R.S. Tacoria, Advocate for the appellant. Ms. Mamta Singhal Talwar, AAG, Haryana for the respondents 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. The instant appeal under Clause X of the Letters Patent is directed against the judgment dated 12.8.2010 rendered by the learned Single Judge while dismissing the writ petition filed by the appellant. The appellant has been placed under suspension on account of criminal prosecution initiated on account of registration of an F.I.R. The order placing her under suspension was challenged in the writ petition, which has been dismissed. The basic premise of challenge to suspension of the appellant was that the F.I.R has been registered with a mala fide intention and, therefore, it could not constitute a basis for placing her under suspension. It has also come on record that the appellant has filed a petition for quashing the LPA No. 1092 of 2010 (O&M) -2- F.I.R alleging mala fide. The petition for quashing of F.I.R is still pending. So, the learned Single Judge has held that the suspension appears to have been ordered with the object that investigation of the case registered against the appellant is not hampered and even otherwise suspension is not a punishment. We have heard learned counsel for the appellant at some length and find that the writ petition filed by the appellant is wholly premature. Till the time criminal case registered against the appellant in case F.I.R No. 693 dated 23.09.2009 at Police Station, Rohtak City Rohtak, under Sections 409,420,467,468,471,120-B IPC is quashed, it would not be possible to set aside the order of suspension which was subject matter of challenge in the writ petition and that has been rightly dismissed. The State Government has also accorded sanction in pursuance of Section 197 of Code of Criminal Procedure for prosecution of the appellant in the aforesaid case. Therefore, the appellant should have preferred to wait for the result of petition which has been filed for quashing of the F.I.R. In view of the aforesaid reasons, the instant appeal fails and the same is dismissed. (M.M. KUMAR) JUDGE (RITU BAHRI) JUDGE November 18, 2010 G.Arora