PREM PARKASH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prem Parkash has filed two petitions viz. Civil Writ Petition Nos. 485 and 486 of 1990. Firstly, the factual position as in Civil Writ Petition No. 485 of 1990 may be noticed.

(2.) The petitioner herein is aggrieved by the initiation of departmental proceedings. A few facts relevant for resolving this controversy may be noticed.

(3.) The petitioner is working as a Patwari in the Revenue Department. A case under Sec. 5(1)(d) read with Sec. 5(2) of the Prevention of Corruption Act was registered against him vide FIR No. 63 dated June 20, 1986. He was tried by the learned Special Judge, Barnala. Vide order dated Aug. 29, 1988, the learned Judge found that the prosecution had been unable to prove the case against the accused beyond a shadow of doubt. Accordingly, the petitioner was "acquitted of the offences alleged against him by giving him the benefit of doubt." Thereafter, a charge-sheet dated June 27, 1989 was issued by the Collector, Sangrur to the petitioner calling upon him to show cause as to why he be not paid anything beyond the subsistence allowance which had already been paid to him. The petitioner submitted his reply. Thereafter, vide memo No./NSK, dated nil, the petitioner was served with a charge-sheet under Rules 8 and 9 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970. It was alleged that the petitioner had demanded an amount of Rs. 500.00 and had actually received an amount of Rs. 400.00 on June 20, 1986, as illegal gratification. Aggrieved by the show cause notice dated June 27, 1989, and the charge-sheet, the petitioner has approached this Court through the present petition. The orders have been challenged as being wholly illegal, arbitrary, unconstitutional and violative of the principles of natural justice.