GURMAIL SINGH MAUJI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THROUGH this Crl. Misc. Petition filed under Section 482 of the Code of Criminal Procedure, Dr. Gurmail Singh Mauji has sought quashing of FIR No. 55 dated 9.9.1993 Annexure P-1 registered at PS Talwandi Sabo under Section 13(2) read with Section 7 of the Prevention of Corruption Act, 1988 and also subsequent proceedings namely the sanction order Annexure P-3 passed by respondent No. 3 (Additional Secretary, Vigilance Deptt. of the State of Punjab) Annexure P-4 (report under Section 173 Cr.P.C. submitted against him challenging him in case FIR No. 55 dated 9.9.1993), Annexure P-5 (charge framed by Special Judge, Bhatinda against him whereby he charged him for having committed offence punishable under Section 13(2) read with Section 7 of the Prevention of Corruption Act, 1988.

(2.) THE prosecution case in brief is that the petitioner was working as Senior Medical Officer at Primary Health Centre, Talwandi Sabo. One Ghukar Singh was working as Block Extension Educator Class III in Primary Health Centre, Talwandi Sabo. He was under treatment of Dr. Pritam Singh Rajpal at Bhatinda. He was on leave from 12.5.1993 to 2.9.1993. He attached medical certificate with leave application. He sent application for further leave from 23.8.1993 to 2.9.1993 supported by medical certificate to Dr. Gurmail Singh. He resumed duty on 3.9.1993 and was present in the Primary Health Centre on 7.9.1993. He met Dr. Gurmail Singh in his office and requested him for the sanction of leave to him. He told him that he had sanctioned leave to him previously without charging him anything but this time he would not sanction leave to him for the period 23.8.1993 to 2.9.1993 till he was paid Rs. 500/- as illegal gratification. He requested Dr. Gurmail Singh that he should take pity on him as he had already spent much on his treatment but Dr. Gurmail Singh stuck to his guns saying that he would not charge less than Rs. 500/- if he wanted him to sanction leave for the period 23.8.1993 to 2.9.1993 to him. Entreaties made by Ghukar Singh to Dr. Gurmail Singh melted him to some extent and he brought down his demand to Rs. 300/-. Ghukar Singh feigned that he had no money with him at the moment. Dr. Gurmail Singh told him that he should contact him on 9.9.1993 with Rs. 300/- as bribe and that he would sanction leave to him on 9.9.1993 as there was a meeting of the Red Cross at Bhatinda and he would not be coming to Talwandi Sabo on 8.9.1993 Ghukar Singh returned after holding out a false promise to him that he would pay him Rs. 300/- as bribe on 9.9.1993 and in lieu thereof, he would sanction leave to him for the period 23.8.1993 to 2.9.1993. Ghukar Singh did not want to pay any illegal gratification as he wanted every public servant to be neat and clean in the performance of his official duties. On 9.9.1993, therefore, he went to the office of Vigilance Bureau, Bhatinda and contacted Shri Malkiat Singh Janjua, DSP, Vigilance Bureau, Bhatinda. He produced before him 3 currency notes of the denomination of Rs. 100/- each. He applied phenolphthale in powder to those currency notes. Shri Malkiat Singh Janjua, DSP sent for a glass of water in which he poured sodium carbonate. Colour of solution did not change. Thereafter, he threw away that solution. Thereafter, he sent for another glass of water into which he poured sodium carbonate. Thereafter, he poured phenolphthalein powder and the colour of the solution became light pink. Ghukar Singh placed before DSP, Vigilance Bureau, 3 currency notes of the denomination of Rs. 100/- each. He treated those currency notes with phenolphthalein powder. He noted the numbers of those currency notes after treating them with phenolphthalein powder and handed them over to Ghukar Singh and told him that he should go to the accused and hand over the said currency notes to him but only on demand by him. Shri Hardial Singh, Senior Clerk in the office of Deputy Commissioner, Bhatinda was directed to accompany Ghukar Singh to Dr. Gurmal Singh. He told him that he would hear the conversation that would take place between Dr. Gurmail Singh and Ghukar Singh and witness the handing over of the currency notes by Ghukar Singh to Dr. Gurmail Singh by standing nearby and raise signal after Dr. Gurmail Singh had taken/accepted the currency notes from Ghukar Singh pursuant to his demand by placing his hand on his head. He instructed Ghukar Singh not to shake hands with the accused. As instructed Ghukar Singh accompanied by Hardial Singh set out to contact Dr. Gurmail Singh, SMO, PHC Talwandig Sabo. At the sight of Ghukar Singh, Dr. Gurmail Singh asked whether he had brought the demanded money by him. He replied in affirmative. Thereupon, Ghukar Singh handed over the aforesaid currency notes to the accused. After the accused had accepted the aforesaid currency notes. Hardial Singh raised signal by placing his hand on his head. DSP Malkiat Singh Janjua reached the spot on receipt of signal raised by Hardial Singh. On seeing DSP, Vigilance Bureau coming to nab him, Dr. Gurmail Singh took out the currency notes from the left pocket of the shirt worn by him and tried to eat them up but he was taken hold of by DSP, Vigilance Bureau who apprehended him and brought currency notes out of his mouth. S. Jagdip Singh Sidhu tallied the numbers of the currency notes recovered from the possession of the accused with the numbers shown in Farad Hawalagi and the numbers tallied. Those currency notes were taken into possession through seizure memo which was attested by PWs. DSP, Vigilance Bureau sent for a glass of water in which sodium carbonate was poured. Dr. Gurmail Singh was made to throw water from his mouth in a separate glass. The colour of mixture turned pink. Thereafter, mixture of sodium carbonate was prepared in the glass. Accused was made to dip his hands in that solution and the colour of the solution became light pink.

(3.) IN this case, the short point that arises for consideration is 'whether the order refusing to sanction the prosecution of the accused under Section 13(2) read with Section 7 of the Prevention of Corruption Act, 1988 by the Joint Secretary to Government Punjab, Health Department could be reviewed by the Additional Secretary to Government Punjab, Vigilance Department and he could accord sanction for the prosecution of the accused nullifying the earlier order of the Joint Secretary to Government Punjab, Department of Health.