KESHAVA NAND SRIVASTAVA Vs. STATE

JUDGEMENT

(1.) This is an application praying that the commitment of the applicant be quashed under Section 215, Cr. P. C.

(2.) The applicant holds the post of Assistant; Superintendent R.M.S. He officiated as Superintendent in the same department from 2nd January 1948, to 13th September 1948. One B.D.L. Sinha, a clerk in the E.M.S. sent a complaint against the applicant (Ex. 123) to the Post Master General, U. P. Circle and to the Director-General of Posts and Telegraphs, Sinha also sent several more representations to the higher authorities. Thereupon Sri Ganguli, Regional Complaints Officer, Post and Telegraphs, was sent to Allahabad to conduct a departmental enquiry.

(3.) On the termination of the enquiries made by Sri Ganguli the Deputy Director-General (complaints) sent a complaint (Ex. 114) to the Superintendent, Special Police Establishment, Delhi. The latter registered a case under Sections 120-B and 420, Penal Code, and Section 5 of Act II [2] of 1947 (The Prevention of Corruption Act) and deputed Inspector A.B. Singh to investigate. As a result of the investigation a charge sheet was submitted by the Inspector against the applicant and a cousin of his, on the allegation that the two accused had conspired to cheat the postal department and they actually did cheat the department by overcharging, and allowing overcharge, for work done for the department. They were charged under Section 120B, Penal Code, and Section 5 (1)(d) read with Section 6 (2) of Act II [2] of 1947.