STATE OF MAHARASHTRA Vs. KESHAV RAMCHANDRA PANGARE

JUDGEMENT

(1.) Leave granted.

(2.) Respondent No. 1 was serving as Deputy Engineer, P. W. D. in the State of Maharashtra. On 13th October 1990, a charge sheet No. 247 of 1990 was filed against the respondent and several other officers of the Department before the Special Court, Satara, and the case was numbered as Special Case No. 5 of 1990. Respondent retired on 31st December 1987 as Deputy Engineer. Necessary sanction for prosecuting the respondent for the offences punishable under Sections 120-B, 406, 420, 465, 466, 467, 468, 471, 477 and 109 of the I.P.C. and Section 5(1)(c)(d) read with Section 5 (2) of the Prevention of Corruption Act, 1947 was obtained. The judge of the special Court took cognizance of the offences and issued process against the respondent.

(3.) Thereafter the respondent filed Criminal Writ Petition No. 484 of 1991 before the High Court of Judicature at Bombay for quashing the criminal proceedings on the ground that the complaint was filed beyond the period of four years from the date of the commission of the offence and therefore, it was barred by Rule 27(3) of the Maharashtra Civil Service (Pension) Rules, 1982 (hereinafter referred to as "the Pension Rules"). The High Court accepted the plea and held that Rule 27 of the Pension Rules was directly applicable and it is mandatory that prosecution should be launched within four years from the date of commission of offence. Hence, the Court allowed the writ petition and quashed the proceedings in Special Case No. 5 of 1990 against the respondent. The said judgment of the learned single Judge is being challenged now.