BHUPESH KUMAR GOEL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant appeal filed under Clause X of the Letters Patent is directed against order dated 17.3.2010, passed by the learned single Judge dismissing CWP No. 15011 of 2008 filed by the Petitioner-Appellant.

(2.) Brief facts of the case are that the Petitioner-Appellant was posted as a Veterinary Doctor in the Veterinary Hospital, Samana. On 9.11.2005, the buffalo of one Mann Singh son of Aniar Singh, resident of Village Sahijpura Khurd, Tehsil Samana (for brevity, 'the complainant'), District Patiala, allegedly died because of snake-bite. The Petitioner-Appellant conducted the postmortem of the dead buffalo. The complainant required the post-mortem report and photographs of the dead buffalo to submit his claim to the insurance authorities. On 9.12.2005, when the complainant reached the Veterniary Hospital, Samana to get the postmortem report, the Petitioner-Appellant allegedly demanded a bribe of Rs. l,500/-from him for submitting a favourable report and asked him to come on the next day along with the money.

(3.) The complainant approached the police authorities at Police Station Sadar, Samana, who took him to the Deputy Superintendent of Police, Vigilance Bureau, Samana. On the basis of the statement made by the complainant, the Vigilance Bureau, Patiala, laid a trap and asked Shri Vinod Kumar, Block Development and Panchayat Officer, Patran and Shri Kushwinder Kumar, Accountant, Office of the B.D.P.O. Patran, to remain present as an independent witnesses. The Vigilance Authorities handed over to the complainant currency notes amounting to Rs. 1000/-i.e. one currency note of the denomination of Rs. 500/-and 5 notes of the denomination of Rs. 100/-each, which were sprinkled with phenylpathogen powder, for using the same as bribe. The complainant presented the said currency notes to the accused-Appellant and when he accepted the bribe the raiding party caught hold of him red handed. Eventually an FIR No. 75, dated 10.12.2005, under Sections 7, 13(2), 88 of the Prevention of Corruption Act, 1988 (for brevity, 'the Act'), was registered at Police Station Vigilance Bureau, Patiala, against the accused-Appellant (P-1). He was sent to the judicial custody and he was also placed under suspension vide order dated 25.1.2006. On 22.2.2006, he was reinstated and allowed to resume his duties as Veterinary Doctor at Animal Husbandry, Gajewas, Patiala.