DAYA NAND Vs. STATE OF HARYANA
LAWS(P&H)-2001-1-172
HIGH COURT OF PUNJAB AND HARYANA
Decided on January 11,2001

DAYA NAND Appellant
VERSUS
STATE OF HARYANA Respondents

JUDGEMENT

Mehtab Singh Gill, J. - (1.) THE petitioner has filed this writ petition for the issuance of a writ in the nature of Certiorari for quashing suspension order dated 20.7.2000 (Annexure P8).
(2.) THE petitioner has averred that he joined Haryana State Co -operative Development Federation Limited, Chandigarh (hereinafter referred to as Harcofed) in the year 1972 as a Distributor and was promoted as Compositor on 2.12.1974 and was further promoted as Store Keeper on 12.1.1989. Since 1989, lie is holding the post of Store Keeper -cum -Assistant. The Government appointed Shri B.P. Jangra as Chairman of Harcofed in January, 2000. At that time, Shri S.P. Kaushik was the Managing Director of Harcofed. After being appointed as Chairman, respondent No. 5 started interfering in the day to day affairs of Harcofed and was all the time trying to influence Shri S.P. Kaushik, Managing Director Shri S.P. Kaushik did not come under the influence of respondent No. 5 and he filed a complaint against respondent No. 5 alleging coercion and undue influence being exerted by respondent No. 5. Shri S.P. Kaushik levelled various allegations against respondent No. 5. A copy of complaint dated 24.4.2000 is annexed as P1. Since respondent No. 5 was interfering in the day to day affairs of the Harcofed, he and the Managing Director came into confrontation. As a counter blast, respondent No. 5 lodged F.I.R. No. 238 against Shri S.P. Kaushik, the then Managing Director, under Sections 420, 465, 467, 468, 120 -B I.P.C. and 13 of the Prevention of Corruption Act, 1988 at Police Station Jind on 24.5.2000. In the F.I.R. the present petitioner and three other persons were also named. It has been further averred that before lodging of the F.I.R. respondent No. 5 started making all sorts of illegal demands from Shri S.P. Kaushik. He demanded a coloured Television, Air Conditioner, Double Bed and other costly items for being kept at his residence. The Managing Director could not accede to the demands of Chairman as the financial position of Harcofed was very poor. It has been further averred that F.I.R. was a counter blast as the offence, if any, was committed at Chandigarh but since respondent No. 5 was an influential person, he had got the F.I.R. registered at Police Station City Jind.
(3.) THE petitioner has further averred that after the registration of F.I.R., he filed Criminal Misc. No. 18699 -M of 2000 before the High Court and was granted anticipatory bail on 6.9.2000 (Annexure P2). In pursuance of aforesaid F.I.R., Shri S.P. Kaushik was transferred from the post of Managing Director on 5.5.2000 and was further placed under suspension on 6.6.2000. Similarly, the petitioner who was working as Store Keeper/Assistant was shifted vide order dated 10.4.2000 (Annexure 3). After the transfer of Shri S.P. Kaushik, Shri S.P. Sharma was posted as a Managing Director of Harcofed (Annexure P4).;


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