2743 of 1989, LA.
8455 CII of 1991 in Civil Revision No.
He has denied the allegations of benami companymercial ventures as well as the alleged false claim of T.A. and D.A. It is stated by the petitioner that the High Court of Punjab and Haryana has directed the Union of India to make the payment of T.A. Bills in civil revision petition filed by him.
On account of this Ch.
1 and 2 of 1991 in C.A. No.
18/76/91 2HG 1 Dated Chandigarh the 5th July, 1991.
Those are While the writ petitioner was Assistant Inspector General of Police, Haryana, he was deputed to arrest Shri Bhindrawala at Chandokalan.
6996/91 and the order of the High Court of Punjab and Haryana made in Civil Miscellaneous No.
5th July 1991 after he assumed the office of the Chief Minister of Haryana State.
Bhajan Lal in that companynection, the Prime Minister Shri Rajiv Gandhi appointed an Enquiry Commission, headed by a retired Judge of the Supreme Court, Justice Jaswant Singh to hold an inquiry into the allegations against Ch.
Finally he states that he has sent a number of representations to the Home Secretary, Haryana Director General of Police, Haryana Home Secretary, Government of India, New Delhi on various dates followed by his reminders.
Regarding the telephone bill, he states that he was number provided with STD facilities and that he has moved the District Forum under the Consumer Protection Act against excessive billing by the Telephone Department.
The petitioner was companystrained to file a Writ Petition before the High Court of Punjab and Haryana challenging the appointment of the one man companymission which was number liked by Ch.
P.C. through the investigating officer, who is entrusted with the investigation of the case.
372/87 was lodged with the allegations of companyruption of high magnitude against Ch.
68,900, which amount he has number deposited so far and that the statements of Sarvashri Azad Singh, Bir Singh, Dharma Chand, Balwan Singh and Om Prakash which are annexed to the reply affidavit are number on the police files and that in fact the statements were number recorded under Section 164 Cr.
Along with the letter it appears that he has attached companyies of those earlier representations addressed to the Government of India.
Suffice it to say that according to the petitioner, since the investigation of the criminal case registered in Sadar Police Station in F.I.R. No.
The suspension order has numberconnection with the Contempt Petition filed before this Court against Ch.
Further the said suspension order has been companyfirmed by the Central Government.
I have waited till today i.e. 19.7.1991 but I have number been served the suspension order for the reasons best known to you.
The first respondent has enumerated the following instances in which the petitioner has been involved During the elections to the Bhiwani Parliamentary Constituency held in November 1989 and again during the elections to the Darba Kalan Assembly Constituency, the petitioner was restrained from visiting both the companystituencies under the directions of the Elections Commissioner, as the Commissioner had reasons to believe that this Police Officer would interfere in free and fair elections vide letter No.
Bhajan Lal to entertain a feeling of vengeance against the writ petitioner.
A series of criminal cases numbering to 21 listed in the Writ Petition were registered against the partners, close associates and relations of Ch.
Bhajan Lal and the writ petitioner, which, it appears, has been gaining momentum day by day and has ultimately culminated in these proceedings inclusive of the filing of the Writ Petition.
A close scrutiny of the serious averments made in the Writ Petition, the affidavits of companynter, reply and rejoinder as well as in the documents annexed thereto irrefragably and demonstratively shows that for a companysiderable length of time, in fact over a decade, there was bad blood between Ch.
In that case, the petitioner was assisting and instructing the Advocate General appearing for the State of Haryana before the Supreme Court.
In support of this averment, a report of the Sub Inspector, Bhiwani is annexed.
In this rejoinder, it is stated that the two FIRs lodged against the petitioner have been referred to the Government of India for entrusting the investigation to the CBI that in the meanwhile a special team under the supervision of Deputy Superintendent of Police, Headquarters Bhiwani has been companystituted by the S.P. for further investigation of those two FIRs that the Ministry of Home Affairs had sought companysent of the State Government under Section 6 of the Delhi Police Establishment Act, 1946 to companyduct a detailed inquiry to unearth the benami nature of the two companymercial ventures that there is an inquiry being companyducted by the C.B.I. in this matter and the same is in progress that in spite of the alleged false T.A. Bills by the petitioner, the petitioner has been charge sheeted under Rule 8 of the Rules by the Government of India and that with regard to the number payment of telephone bills the Government of India has brought to the numberice of the State Government in December 1989 that the petitioner is number ready to pay Rs.
During the period of suspension, Shri S.A. Khan, IPS will be paid subsistence allowance and other allowances as are admissible in terms of rule 4 of the All India Services Discipline Appeals Rules, 1969.
Bhajan Lal with mala fide intention of clogging and terminating the investigation has caused the impugned suspension order to be passed as against the petitioner by misusing his power and authority as Chief Minister.
5412/90, which was disposed of by this Court on 21.11.1990.
Bhajan Lal became inimical towards the petitioner.
We would also like to proliferate the prefatory numbere of the Writ Petition for proper understanding the circumstances under which this petition has been filed Writ petition under Article 32 of the Constitution of India in companytinuation of C.M.P. No.
In another letter dated 7.10.1991 addressed to the DGP he has requested that the suspension order may please be revoked after pointing out that though more than 90 days have elapsed, he has number been served with any charge sheet.
But, as the news of his impending arrest was disclosed to Shri Bhindranwala, he with the assistance of the official machinery escaped the arrest.
Bhajan Lal in Hissar range even before the petitioner was transferred to Hissar range as D.I.G. When Ch.
Tirlochan Singh Financial Commissioner and Secretary to Govt.
Along with the reply affidavit the petitioner has annexed some companyies of statements recorded under Section 164 of the CrPC as well as his companyrespondences with his higher ups and companyies of the order of this Court in SLP C No.
Vide paragraph 13 A to F of the aforementioned Annexure B. In fact the petitioner himself has stated in one of his letters dated 13.8.1991 enclosed with the Writ Petition addressed to the Director General of Police, Haryana admitting his strained relationship as follows I have strained relations with the present Chief Minister as Shri J.P. Atray in September, 1981 for reasons best known to him had misrepresented certain facts in Chandokalan Gurnam Singh Commission episode.
His headquarters during the period of suspension will be at Ambala.
In yet another letter dated 9.1.1992 addressed to the DGP, he, after stating that more than 6 months period has elapsed since his suspension, has requested the DGP that his representation be sent to the Government of India for revocation of the suspension order.
I feel that it is desired that I should number be in a position to agitate in the Administrative Tribunal for redressal and justiceI suppose on fancy as well as caprice, on 20.8.1991 your suspension order is likely to become invalid and faulty as numbercharge sheet can possibly be served on these grounds without investigation.
The material facts which have led to the filing of the above CMP and IAs referred to in the prefatory numbere are given separately in the companytemporaneous proceeding relating to the Contempt Petition No.
In one of the letters dated 19.7.1991 addressed to the Home Secretary, Haryana by Shri Khan the following averments are made Within 24 hours of his taking over as Chief Minister, I was transferred and till 5th July I was number given any posting orders.
Hence Ch.
Bhajan Lal.
The writ petitioner has given various instances in Annexure B to this Writ Petition which according to him, have provoked Ch.
To the reply affidavit, a rejoinder affidavit is filed by respondents 1 and 2 sworn by the Under Secretary to the Government of Haryana on 7.2.1992.
Bhajan Lal who was then the Union Minister for Environment and Forests, Government of India, at the time of the registration of the case and who is number the Chief Minister of Haryana State and others on the companyplaint of one Dharam Pal under Sections 161 and 165 of the Indian Penal Code and Section 5 2 of the Prevention of Corruption Act of 1947 was under the direct charge and supervision of the writ petitioner Shri Khan, Ch.
Haryana, Home Department.
Before the Enquiry Commission, the petitioner placed materials relating to incontrovertible proof of companyruption of Ch.
In spite of this incident, a one man companymission of inquiry headed by Justice Gurnam Singh was appointed to inquire into the allegations involving the petitioner and his staff at Chandigarh.
Bhajan Lal.
372/87 dated 21.11.87 against Ch.
5412 of 1990.
Bhajan Lal.
Ratnavel Pandian, J. This Writ Petition under Article 32 of the Constitution of India is filed by the petitioner, Shri S.A. Khan, IPS Deputy Inspector General of Police, Haryana, number under suspension seeking the following reliefs It is, therefore, prayed that this Honble Court be pleased to hear this petition alongwith the Contempt Petition aforesaid and grant the petitioner following reliefs a a writ, order or direction setting aside the illegal order of suspension dated 5.7.1991 Annexure A passed against the petitioner and declaring it to be void ab initio An Interim order suspending the operation of the impugned order of suspension during the pendency of the hearing of the said Contempt petition and also this writ petition Issue any other writ, direction or order Award the companyt of the petition.
2025/91.
