BAL KRISHNA MISHRA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Since the common questions of law and facts are involved in both these matters, the same are taken up together and decided by this common judgment.

(2.) Revisionist/petitioner Bal Krishna Mishra has sought quashing of the proceedings of Special Sessions Trial No.3 of 2013 pending before the First Additional Sessions Judge/Special Judge (Prevention of Corruption Act), Nainital. He has also sought quashing of the order dated 10.11.2014 as well as the Charge-sheet No.17/2013 dated 107.2013 submitted against him for the offence of Sec. 13 of the Prevention of Corruption Act, 1988 (hereinafter to be referred as 'the Act'). The revisionist/petitioner has also challenged the order dated 11.12014 passed by the court below framing Charge against him for the offence of Sections 13(1)(e) r/w Sec. 13(2) of the Act.

(3.) Key facts, necessary for the adjudication of this petition, are that the revisionist/petitioner Bal Krishna Mishra was working on the post of Soil Conservation Officer, Bageshwar. He was travelling from Bageshwar to Dehradun. Thereafter, he had gone to Ghaziabad for making payment of Wire Factory, namely, M/s Manohar Lal and Heera Lal. He was carrying two drafts total amounting to Rs.2,84,900.00 in the name of said firms. The revisionist was apprehended on 10.4.2002. He was suspended from his service on 18.5.2002. The disciplinary proceedings were initiated against him wherein the order was passed on 25.4.200 He challenged the same before the Public Services Tribunal, Uttaranchal at Dehradun. Vide judgment dated 31.10.2006, the Public Services Tribunal set aside the order dated 25.4.200 The Department challenged the order before this Court by way of Writ Petition (S/B) No.162 of 2007. The Division Bench, on 14.2012, affirmed the order dated 31.10.2006 passed by the Public Services Tribunal.