KRISHNA IYER Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner was Superintending Engineer in the Public Works Department Though he retired from service on 31-12-1981, some of his actions, while in service, are haunting him even now. Vigilance Department of Police (Kerala) initiated criminal proceedings against him for offences under S.5 (2) of the Prevention of Corruption Act, 1947 (for short 'the P.C. Act') and 120 B of the Indian Penal Code in respect of award of contract and purchase of materials alleged to have been done by him in 1981. An FIR was lodged against him on 30-11-1985 with the Special Judge, Thrissur. Sanction to prosecute the petitioner was accorded by the State Government on 28-1-1989 and charge sheets were laid against him along with some others on 30-9-89 for the aforesaid offences. Five criminal cases were registered by the Special Judge on the said charge sheets. Petitioner has filed this Criminal Miscellaneous Case under S.482 of the Code of Criminal Procedure (for short the Procedure Code') to quash the aforesaid criminal cases.

(2.) The main ground urged in the petition is that since the criminal proceedings instituted are in respect of causes of action or events which arose in 1981 they are barred by limitation as provided in R.3 in Part-III of the Kerala Service Rules (for short 'the K.S.R.'). A learned single Judge of this Court has held in Krishnan Nair v. State of Kerala ( 1988 (1) KLT 166 ) that the said Rule would operate as a bar against criminal proceedings if initiated after retirement of the person concerned unless such criminal proceedings have been initiated within four years on a cause of action or event Learned counsel for the petitioner relied on the ratio in the said decision in support of his argument that the criminal proceedings against the petitioner are liable to be quashed.

(3.) When this case came up before Thulasidas, J. his Lordship doubted the correctness of the decision in Krishnan Hair's case (cited supra) and referred this case to a Division Bench for reconsideration of the principle laid down in the said decision.