HAR PRASAD SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) D. K. Trivedi, J. By means of these two writ petitions the petitioners have prayed for quashing of the order of cognizance as well as the proceedings pending against the petitioners in Special Case No. 3 of 198) in the court of IV Addl. Sessions Judge, Hardoi under Section 5 (1) and 5 (2) of the Prevention of Corruption Act.

(2.) THE petitioner Har Prasad Srivastava was Asstt. Accountant in U. P. S. E. B. office at Hardoi and the petitioner Radhey Shyam Roy was the Accountant in U. P. S. E. B, office at Hardoi. In 1976, the Government directed initiation of open enquiry against several electricity divisions and in compliance of the said order, open enquiry was conducted in which petitioners were found involved in embezzlement alongwith other persons including Krishna Singh Taragi, who was the main accused. On 11-4-1979 the Board accorded the sanction for prosecution of the petitioners as well as other persons.

(3.) IT appears that in spite of all these proceedings a charge-sheet has been submitted by the vigilance department on 26-10-1989 an J therefore, the petitioners have filed the above mentioned writ petitions praying for quashing of the said charge-sheet as well as the proceedings on the ground that the charge- sheet has wrongly been submitted and in fact she petitioners in compliance of the said order have already deposited the money and their cases have been dropped by the Board, hence vigilance department has no right to proceed with the said prosecution.