P S RAJYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The appeal was allowed with costs by our order dated 27/3/1996 reserving the reasons to be given later. Now the reasons are given.

(3.) The short question that arises for our consideration in this appeal is whether the respondent is justified in pursuing the prosecution against the appellant under Section 5 (2 read with Section 5 (l) (e) of the Prevention of Corruption Act, 1947 notwithstanding the fact that on an identical charge theappellant was exonerated in the departmental proceedings in the light of a report submitted by the central Vigilance Commission and concurred by the Union public service commission.