GHANSHYAM Vs. STATE OF DELHI

JUDGEMENT

(1.) THIS petition under Section 482 Crpc seeks the quashing of Sessions case No. CC/18/2004 in FIR No. RC/32 (A)/1990-DLI pending in the Court of Special Judge, Delhi.

(2.) THE Petitioner was employed as a clerk in the Rashtriya Sanskrit sansthan. A trap was laid on the receipt of information that the Petitioner was accepting bribes. As a result an FIR was registered in which it was mentioned that on 16th August, 1990 the Petitioner had demanded a bribe of Rs. 8,000/-from the complainant in order to get him qualified in the Pre Shiksha Shastri test in which the complainant had appeared on 29th July, 1990. After investigation, the CBI charge sheeted the accused under Sections 7/13 (1) (d) of the Prevention of Corruption Act, 1988 (POCA).

(3.) DEPARTMENTAL proceedings were also initiated against the Petitioner and he challenged them by way of Civil Writ Petition No. 1186 of 1992 in this court. The only ground urged by him before this Court in the said writ petition was that the criminal proceedings and the departmental proceedings could not proceed hand in hand. A statement was made on behalf of the CBI before this court in the writ proceedings on 9th November, 1993 that it did not propose to prosecute the Petitioner. On the basis of that statement it was observed by this Court that there is no reason why departmental proceedings cannot commence against the Petitioner. The writ petition was accordingly dismissed.