CENTRAL BUREAU OF INVESTIGATION Vs. RAMESH CHANDER DIWAN

JUDGEMENT

(1.) These two appeals, by special leave, are directed against a common judgment and order dtd. 29/1/2024 [impugned order] passed by the High Court of Punjab and Haryana at Chandigarh. The impugned order of the High Court partly allowed a revision petition [Crl. Revision Petition No.1388 of 2021] of the respondent, wherein an order of the Special Court (CBI) dtd. 29/10/2021 dismissing the respondent's application for discharge was under challenge. While the High Court discharged the respondent in respect of offences punishable under the Indian Penal Code, 1860 [IPC] on the ground that no sanction had been obtained as per the statutory mandate contained in Sec. 197, Code of Criminal Procedure, 1973 [Cr.P.C.], the prayer of the respondent for discharge qua offences alleged against him under the Prevention of Corruption Act, 1988 [PC Act] was spurned. The High Court held that even though the respondent had retired from service, the amended provisions of Sec. 19 of the PC Act would have no retrospective application and, therefore, he was not entitled to derive any benefit of such amendment.

(2.) Central Bureau of Investigation (CBI) is the appellant in the lead appeal whereas the appellant in the connected appeal is the first informant/complainant.

(3.) An FIR was registered on 9/12/2014 at Police Station ACB, CBI Chandigarh, under Ss. 120B and 420 of the IPC and under Sec. 13(2) read with Sec. 13(1)(d) of the PC Act against the respondent. It was alleged in the FIR that while the respondent was functioning as the Executive Engineer, Public Health, Municipal Corporation, Chandigarh, in connivance and collusion with the coaccused, M/s Selvel Media Services Pvt. Ltd., he caused wrongful loss in excess of Rs.13.66 crore to the Government exchequer by changing the terms and conditions of the Detailed Notice Inviting Tender. A detailed investigation followed and on completion thereof, a chargesheet dtd. 10/10/2016 under Sec. 173(2), Cr. PC was filed in the Court of the Special Judge, CBI, Chandigarh [Special Court]. Bare reading of the charge-sheet reveals that the respondent, along with the coaccused, had committed offences of the nature alleged in the FIR. The Special Judge vide order dtd. 23/11/2021 was pleased to frame charges against the accused persons.