KULWANT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Section 482 Cr.P.C. for quashing of FIR No. 30 dated 18.11.2008 registered at Police Station Vigilance Bureau, Ludhiana under Sections 420, 120-B IPC and Section 13(1)(d) read with Section 13(2) of the P.C. Act, 1988 and all subsequent proceedings arising therefrom.

(2.) The facts, in short, are that the petitioner No. 1-Kulwant Singh son of Sh. Gurbachan Singh was the Science Teacher of Dashmesh Khalsa High School, Heran. He remained Member Panchayat from the year 1998 to January 2003. Harbans Singh is the headmaster of that school. An FIR was registered against the petitioners on the ground that petitioner No. 1 held the post of Panch in spite of his being a teacher in a Government Aided School. He had received salary of Rs. 6,09,884/- from June 1998 upto 1st January 2003. He was holding an Office of profit during his tenure as Panch, which he could not do. He should have resigned before being elected as Panch. The same was stated to be in the knowledge of petitioner No. 2 who knowingly allowed the petitioner No. 1 to continue to draw the salary. Thus, an FIR No. 30 dated 18.11.2008 under Sections 420, 120-B IPC and Section 13(1)(d) read with Section 13(2) of the P.C. Act, 1988, was registered against the petitioners.

(3.) Learned counsel for the petitioners, while seeking quashing of the said FIR, submitted that the petitioners were not Government Servants and had not incurred any disqualification under Article 243-F of the Constitution of India or under Section 208 of the Punjab Panchayati Raj Act, 1994 or under Section 11 of the Punjab State Election Commission Act, 1994. The petitioners have never held an office of profit under the State or Panchayat and have not been convicted by any court of law under any offence and as such, have never earned any disqualification. The election to the Village Panchayat, Aitiana, District Ludhiana was scheduled to be held in 1998. The petitioner No. 1 applied to the management seeking permission to contest the Panchayat election. Since the election of petitioner No. 1 had no bearing on the functioning of the school, so the Headmaster, petitioner No. 2 recommended his case and Gurdial Singh, Manager, Managing Committee, Dashmesh Khalsa High School, Heran, District Ludhiana granted permission. He filed his nomination paper for election to the Gram Panchayat, as he was not suffering from any of the disqualifications enumerated above. His nomination papers were accepted so he contested the election and was declared elected and remained Panch of Gram Panchyat, Aitiana from June 1998 to June 2003 (and not upto January, 2003).