VIKAS BAHL, J. (ORAL)

1. This is a civil writ petition filed under Article 226/227 of the Constitution of India for issuance of an appropriate writ, order or direction especially in the nature of mandamus directing the respondents especially respondent No.4 not to take any further action on departmental proceedings/enquiry/charge-sheet dated 30.11.2022 (Annexure P-7A) initiated against the petitioner during the pendency of the criminal trial in case FIR No.523 dated 10.10.2022, under Sections 420, 467, 468 and 471 IPC, registered at Police Station Baldev Nagar, District Ambala, in view of the law laid down in case titled as “Capt. M. Paul Anthony Vs. Bharat Gold Mines Ltd. and another”, reported as (1999) 3 SCC 679.

2. Learned State counsel has submitted that in the present case, there are four common witnesses and all the said four common witnesses 1 of 2

CWP-12753-2023 have been examined in the departmental proceedings and thus, the present writ petition has been rendered infructuous.

3. Learned counsel for the petitioner has submitted that in view of the statement made by learned State counsel, the present writ petition be disposed of as having rendered infructuous, but liberty be granted to the petitioner to raise all pleas available to him under law in the departmental proceedings.

3. Dismissed as withdrawn, with the aforesaid liberty.

( VIKAS BAHL ) April 03, 2024 JUDGE naresh.k

Whether reasoned/speaking? Whether reportable? 2 of 2