F CHAUDHURY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS petition under section 561-A of the Code of Criminal procedure, 1898, raises a question of construction of Article 351-A of the Civil service Regulations as applicable to the petitioner, Dr. (Smt.) F. Choudhary, who was retired from the State Education Service (Class I) on 31st August 1970. The petition was first heard by one of us (Golvalker J.) who having regard to the importance of the question referred it for hearing to a Division Bench.

(2.) THE petitioner started her career as a civil servant in the Central provinces. She continued in service of the erstwhile State of Madhya Pradesh till reorganisation of States in 1956 and thereafter of the present State of madhya Pradesh till 31st August 1970 when,as already stated, she was retired. On 12th December 1973, the Special Police Establishment, Bhopal, presented a challan in the Court of Special Judge, Bhopal, for prosecution of the petitioner under section 409 of the Penal Code and sections 5 (1) (d) and 5 (1) (c) read with section 5 (2) of the Prevention of Corruption Act, 1947. It is alleged in the challan that the petitioner while acting as Director of Public Instructions embezzled four items, viz. (i) Rs. 80,919. 30, (ii) Rs. 9,917 21, (iii) Rs. 2,489. 20 and (iv) Rs 6,566. 30, and thereby committed offences under section 409 of the penal Code and section 5 (1) (c) read with section 5 (2) of the Prevention of corruption Act. It is further alleged that the petitioner and one B. L. Goyal, another officer, by misusing their offices caused wrongful gain to one Mahesh-prasad Agarwal to the tune of Rs. 70,776 89 and thereby committed an offence under section 5 (1) (d) read with section 5 (2) of the Prevention of Corruption act. These offences essentially relate to the fees that were collected for holding middle school examinations of 1958. The petitioner was then Director of public Instructions. A current account was opened by the petitioner as Director in the Central Cooperative Bank, Bhopal and a sum of Rs. 4,06,099. 12 received on account of fees was deposited in this account. The account was operated by the petitioner. The petitioner withdrew Rs. 2,25,263 by cheques drawn in favour of self. The last of these cheques is dated 9th July 1968. Maheshprasad agarwal was also paid from this account by cheques drawn by the petitioner in his favour. The last of these cheques is dated 4th September 1968. The offences alleged against the petitioner were thus complete by 4th September 1968.

(3.) THE petitioner on 17th December 1973 filed the present petition in the high Court under section 561-A of the Code of Criminal Procedure contending that her prosecution is barred by lapse of time under Article 351-A of the Civil service Regulations, and praying that the proceedings before the Special Judge be quashed. On 18th December 1973 this petition was admitted for hearing and the proceedings in the trial Court were stayed.