AIRPORTS AUTHORITY OF INDIA Vs. PRADIP KUMAR BANERJEE

JUDGEMENT

(1.) Heard.

(2.) The instant appeal by special leave preferred by the appellant [Hereinafter referred to as the "appellant-Authority".] takes exception to the judgment dtd. 1/3/2012 passed by the Division Bench of the High Court of Calcutta [Hereinafter referred to as the "High Court".] in an intra-court writ appeal [Tender of Mandamus Appeal (MAT) No. 1311 of 2011], whereby the Division Bench allowed the appeal filed by the respondent and set aside the order passed by the learned Single Judge.

(3.) The respondent, while working with the appellant-Authority as an Assistant Engineer (Civil), was arrested along with a coemployee, who was working as a Junior Engineer in the appellant- Authority, for the offences punishable under Ss. 7, 13(2) read with Sec. 13(1)(d) of the Prevention of Corruption Act, 1988 [For short "PC Act"] and Sec. 34 of the Indian Penal Code, 1860, on the allegations of demanding and accepting illegal gratification from the representative of a contractor. Pursuant to the aforesaid arrest, both of them were suspended and a CBI Case [Special Case No. 8 of 1993] was registered against them. The learned Special Judge, CBI Court, Alipore [For short "CBI Court"], vide order dtd. 10/12/1999, found the respondent guilty for the above-mentioned offences. On the contrary, the co-accused(Junior Engineer) was acquitted by the CBI Court. Aggrieved by his conviction, the respondent preferred a criminal appeal [Criminal Appeal No. 393 of 1999] before the High Court.