KESHAV RAMCHANDRA PANGARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner was serving in State of Maharashtra as Deputy Engineer, P.W.D. He retired from service in the year 1987. It is alleged that during the year 1981-82 along with other officers he has committed serious offences punishable under sections 120-B, 400, 406, 420, 465, 466, 467, 468, 471, 477 and 109 of the Indian Penal Code and section 5(1)(c), (d) read with 5(2) of the Prevention of Corruption Act, 1947.

(2.) The Sub-Divisional Officer then was working at Satara District, has falsely accepted and signed delivery challans, advice note and indent and accepted carting bill for loading and unloading Karad to Satara. These offences were alleged to have been committed during 1981-82. The complaint has been filed before the police in the year 1983. On 25-8-1989 the sanction for prosecution was obtained and in the year 1990 after investigation the papers have been filed before the Court.

(3.) In the aforesaid Rule it is clearly laid down that the prosecution if at all to be launched before the Court against a retired Government servant for any offence committed while he was in service, it should be done within four years from the date of commission of the offence. Here, admittedly the offence was committed during 1981-82 and the prosecution was instituted in the Special Court in the year 1990. Evidentially the said prosecution is barred under Rule 27(3) of the Rules, as it was filed after 4 years after commission of the offence.