BADRI PRASAD SHRIVASTAVA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Feeling aggrieved by the order dated 22-7-99 passed by the learned Additional Sessions Judge/Special Judge, Sidhi in Special Case No. 55/96 the applicant has invoked the revisional jurisdiction of this Court for quashment of the same.

(2.) The facts as have been uncurtained are that the Economic Offence Wing, Rewa filed a charge-sheet against the applicant under S. 13(1)(e) read with S. 13(1)(2) of the Prevention of Corruption Act, 1988 on 2-6-92 on the ground that he had disproportionate assets and could not account for Rs. 56,864/-. It was also alleged that the applicant had misused his post as a public servant by taking recourse to corrupt practice. At the time of framing of charge the applicant prayed for his discharge on two counts, namely, certain agricultural income has not been taken into consideration by the investigating, agency and if the same would have been taken into consideration the charge-sheet could not have been submitted against him and that as per the Rule 9(3) read with sub-rule 6(b) of the Central Civil Services Pension Rules "no judicial proceedings" can be instituted against the government servant whether he is in service or a retired personnel or under re-employment in resepect of a cause of action which arose, or, in resepect of an event which took place more than 4 years before such institution and as the said Rule applies in full force to the present case the order of framing charge is liable to be quashed.

(3.) It is to be noted here that at an earlier stage by order dated 24-12-92 the learned Special Judge had discharged the applicant. The said order was assailed by the prosecution before this Court in Cr. Rev. No. 215/93. This Court vide order 13-6-96 set aside the order and remanded the matter to the trial Court for hearing on the question of framing of charge.