BALWINDER KUMAR SHARMA Vs. HONOURABLE PUNJAB AND HARYANA HIGH COURT
LAWS(P&H)-2021-5-21
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 28,2021

BALWINDER KUMAR SHARMA Appellant
VERSUS
Honourable Punjab And Haryana High Court Respondents

JUDGEMENT

JASWANT SINGH,J. - (1.) Petitioner-Dr. Balwinder Kumar Sharma has filed the instant writ petition seeking quashing of the order/intimation dated 06.11.2019 (Annexure P-9), whereby the representation dated 28.09.2018 (Annexure P-8) submitted by him requesting for stay on departmental enquiry till the conclusion of criminal trial in FIR No. 194 dated 19.09.2017 registered at P.S. 03-North, Chandigarh (Annexure P-1), has been rejected. FACTS:
(2.) An advertisement No. 6/2016 was notified by Haryana Public Service Commission for recruitment of Subordinate Judicial Officers in the State of Haryana (common called as HCS (Judicial) Examination). The petitioner, who was posted as Registered (Recruitment) on the establishment of respondent No. 1-High Court, was assigned the duty of assisting the recruitment committee in conduct of the preliminary examination. After the preliminary examination was conducted on 16.07.2017, a complaint was received by respondent No. 1-High Court on 20.07.2017 alleging therein that the question paper of preliminary examination held on 16.07.2017 was leaked and prayer was made for cancellation of the examination.
(3.) The matter was taken up on judicial side as a petition under Section 482 of Cr.P.C. was filed vide CRM-M-No. 28947 of 2017, titled as "Suman Versus State of Haryana and others". In the said petition, it was directed that an FIR be registered against the present petitioner and others and further a Special Investigation Team (SIT) was ordered to be constituted to conduct investigation pertaining to the alleged leakage of question paper of HCS (Judicial) Preliminary Examination. Consequently, FIR No. 194 dated 19.09.2017 (P-1) was registered.;


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