DURGA SINGH TOMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS petition under section 482 Cr. P.C, has been filed by the petitioner, against the non -applicants with a pr aver that the sanction accorded by the Sanctioning Authority i.e. Document No 11, be quashed and the prosecution of the petitioner pending in the Court of Special Judge, Bhopal be also quashed. The non applicants i.e. the Stale of M.P. through the Secretary, Separate Revenue Department vallabh Bhavan, Bhopal and the Special Police Establishment through Director General Lok Ayukta Karyalaya, Bhopal have filed their return and reply along with documents through Shri Shankarlal Saxena Dy. Adv. General.

(2.) THE petitioner who entered into the service of the Excise Department in 1962, as District Excise Officer, according to the petitioner was promoted and was working at the time of the incident as Excise Commissioner, M.P. According to the petitioner, the post of Excise Commissioner was already held traditionally by the officers of the IAS cadre. But in view of the report of the Estimate Committee of the M.P. Legislative Assembly of the year 1974 -75, it was recommended that the Excise Department is of technical nature and the Head of the Department of the Excise should be a departmental officer. In view of this recommendation, according to the petitioner, and in recognition of his continuous meritorious service and exceptional ability, the petitioner was promoted as Excise Commissioner of the State by order dated 8 -6 -84. He contends that the lobby of the IAS officers got annoyed, because the petitioner was departmentally promoted to the helm post of the Excise Department, which was traditionally being occupied by officers of the IAS cadre. The petitioner by document Nos. 1 and 2 wants to say that his work as Excise Commissioner was much appreciated for raising the revenue of the State, by the Finance Secretary and the other Government agencies. He also contends that on 2 -12 -1984, an unfortunate tragedy struck the Bhopal city which was subsequently known as Bhopal Gas Tragedy. MIC gas leaked from the Carbide Factory, crippled a major section of the population, resulting in death, mutilation and large number of public suffered.

(3.) ON the other hand, the Secretary made a complaint against the petitioner which was forwarded to the Chief Secretary. This complaint was sent to the non -applicant No.2 where it was registered as the First Information Report No. 60 of 1985 under section 165 -A of the Indian Penal Code. A copy of this first information -report is Document No.6 Investigation was carried on and during the investigation, statements of Sarvshri M.B. Bhatharia, Brig. M.M. Chopra, Shri Kanchan, Shri Mahendra Chandra Sharma, Shri Laxminarayan and another were recorded. Copies of their statements are available. These witnesses have filed affidavits also. On perusal of these affidavits, according to them, the amount was contributed towards the Chief Minister's Relief Fund without any hope of reward, favour or consideration. These affidavits are Document No.7. During investigation, one Vijay Pal Singh, Under Secretary to the Government of M.P., Bhopal was also examined and according to him, the money was handed over by the District Excise Officer which was forwarded to the Under Secretary for depositing in the Chief Minister's Relief Fund through Department. The affiidavit of Vijay Pal Singh is Document No.8