JAI PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) JAI Pal Singh is facing prosecution on the basis of FIR No. 1 dated February 4, 1992 registered under Section 13(1)(e) of Prevention of Corruption Act, 1988 at Police Station SVB, Karnal. He had been sent up for trial before Special Judge, Kurukshetra who on July 13, 1999 charged him for possessing assets disproportionate to his known sources of income to the extent of Rs. 75,294.94 and for dishonestly inducing the department to pay house rent at the rate of Rs. 125/- per month for the period from March, 1990 to July, 1991. The charges were framed under Section 13(1)(e) of the Prevention of Corruption Act on the first count and under Section 420 IPC on the second count.

(2.) THE main contention of the petitioner is that cognizance could only be taken against him after previous sanction of the Board of Directors of the Haryana State Cooperating Apex Bank Limited, Chandigarh, as the petitioner was employed with the bank as Assistant Manager.

(3.) THEREAFTER , the report of the sub-committee was considered and approved at the meeting of Board of Directors on April 12, 1994. (The proceedings are Annexure P-4). Consequently, a letter was addressed to the Superintendent of Police, State Vigilance Bureau, Karnal on May 11, 1994 declining sanction for prosecution (Annexure P-5). However, on July 2, 1997, the matter was re- considered by the Board of Directors and it was resolved that sanction for prosecution of the petitioner should be granted (Annexure P-7)