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2022 Supreme(HP) 298

SANDEEP SHARMA
Bhupinder Pal Son Of Shri Param Dev – Appellant
Versus
State Of H. P. Through Secretary(Home) Govt. of H. P. Shimla – Respondent


Advocate Appeared:
For the Appellant :Mr. Onkar Jairath, Mr. Prashant Sharma, Mr. Ajeet Sharma, Advocates
For the Respondent:Mr. Sudhir Bhatnagar, Advocate

ORDER :

In the year 1983, petitioner was initially appointed as constable with the respondent-Department and was promoted to the post of A.S.I. on 14.07.2000. While he was posted as ASI in the office of Superintendent of Police, Kullu, FIR was lodged on 13.6.2005 against a foreigner namely, Kozi Tateno (Japanese) and the petitioner under Section 13(2) of the Prevention of Corruption Act and Sections 201, 212, 217 and 120-B of IPC. Department after having placed the petitioner under suspension on 13.06.2005 initiated departmental inquiry. Inquiry Officer submitted the report stating therein that since the criminal case has been registered against the petitioner, he should not be proceeded departmentally on the same set of charges. Aforesaid report of inquiry was accepted by the Commandant, 1st Indian Reserve Battalion, Mangarh, District Una on 29.1.2007 vide Annexure P-2. Subsequently, petitioner was acquitted in corruption case vide judgment dated 22.08.2008/23.08.2008 passed by learned Special Judge, Kullu, District Kullu, H.P.(Annexure P-1). After acquittal of the petitioner in criminal proceedings, departmental inquiry was initiated on 16.6.2005 against the petitioner on the same

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