KUSHAL KUMAR Vs. C B I

JUDGEMENT

(1.) PRESENT writ petition has been filed by the Petitioner challenging sanction granted by the Director (Services), Department of Personnel and Training, ministry of Personnel, Public Grievance and Pension, Government of India, New delhi under Section 19 (1) (a) of Prevention of Corruption Act, 1988 (hereinafter referred to as "pc Act") for prosecution of the Petitioner for offences under Sections 7/13 (2)/13 (1) (d) PC Act read with Section 120 B of indian Penal Code (IPC) in case FIR No. RCAC12004a0003 dated 17th March, 2004 registered by CBI, ACUI, New Delhi under Section 7 of the P. C. Act on the complaint of Dr. I. S. Yadav, Medical Practioner, Yadav Hospital, Rewari (Haryana ).

(2.) IN brief, the prosecution case is that Petitioner Kushal Kumar was working as recovery Officer in the office of DRT Chandigarh and was accused of demanding bribe of Rs. 30,000/- from complainant Dr. I. S. Yadav through Recovery Inspector a. K. Shukla for confirmation of auction of property belonging to M/s. Ajay metals and Others in favour of the complainant. M/s. Ajay Metals and Ors. had raised some loan from State Bank of India, Rewari and since it failed to pay the loan, the State Bank of India initiated proceedings in Debt Recovery Tribunal-II, Chandigarh wherein a decree in favour of the Bank was passed and as per the recovery certificate, the State Bank of India was entitled to recover a sum of rs. 72,89,296. 76 with cost of the suit and interest @ 16. 05 per annum. After completion of the procedural requirements, the property mortgaged with the Bank was auctioned in a public auction. Dr. I. S. Yadav being the highest bidder out of nine bidders who had participated in the auction was declared the successful bidder with his bid of Rs. 36 lakhs. Dr. I. S. Yadav deposited a demand draft for rs. 10. 65 lakhs on the spot. One of the guarantors/judgment debtors Subhash chander Sharma filed objection application against the auction sale of the property. Petitioner being the Recovery Officer, DRT-II, issued notice to the auction purchaser for 5. 3. 2004 The State Bank of India filed a reply to the said notice on 5. 3. 2004 seeking rejection of the objection and confirmation of the sale in favour of Dr. I. S. Yadav. The matter was adjourned to 16. 3. 2004 In between, a notice was allegedly issued to Dr. I. S. Yadav for appearance on 10. 3. 2004 and when he appeared on the said date and sought time to file reply, he was directed to appear on the date which was already fixed. A complaint was lodged on 17. 03. 2004 with the allegations that A. K. Shukla demanded bribe of rs. 30,000/- from Dr. I. S. Yadav for himself and on behalf of the Petitioner for confirmation of sale of the auctioned property and for handing over the possession of the same to Dr. I. S. Yadav to which, Dr. I. S. Yadav declined.

(3.) CBI conducted trap proceedings in the presence of independent witnesses and a. K. Shukla was caught red handed demanding and accepting bribe from Dr. I. S. Yadav on 17. 3. 2004 at New Delhi Railway Station. It was during the investigation of the case that CBI came to know that the Petitioner had entered into criminal conspiracy with A. K. Shukla and it was in pursuance of the said conspiracy, a. K. Shukla demanded and accepted bribe from Dr. I. S. Yadav for himself and for the Petitioner and also that Petitioner was conducting the matter in such a way so as to coerce the complainant by unauthorizingly summoning and harassing him to succumb to the demand of bribe made by A. K. Shukla. After completion of the investigation, CBI sought necessary sanction from the concerned authorities under Section 19 of the PC Act which was accorded as prayed on 24. 6. 2005.