PUNJAB STATE POLLUTION CONTROL BOARD THROUGH ASSTT ENVIRONMENTAL ENGINEER Vs. DALJIT SINGH AND JATINDER SINGH GUJRAL

JUDGEMENT

(1.) On the last date of hearing i.e. February 05, 2003 it was ordered by me that the counsel for the petitioner (Mr. Sanjiv Bansal, Advocate) and counsel for the respondent (Mr. B.S. Thind, Advocate) be informed of the actual date of hearing i.e. 12.2.2003 as none had appeared from either side on the last date of hearing. However, on 12.2.2003 the present petition could not be taken up by me. Office report shows that counsel for the parties were duly informed.

(2.) The present revision petition has been filed for setting aside the impugned order dated 25.4.1997 Annexure P/2 passed by Sub Divisional Judicial Magistrate, Kharar whereby the complaint of the petitioner under Section 25/26 read with Section 47 of the Water (Prevention & Control of Pollution) Act, 1974 (hereinafter referred to as the Act) has been dismissed for want of prosecution.

(3.) The case of the petitioner is that M/s Platewell Electroplaters, D-II, Phase I, Mohali Distt. Ropar was found discharging its trade effluent, when inspected by the Board officials, without installing any effluent treatment plant or constructing any sewer. It is then the case of the petitioner that both the respondents were given an opportunity to explain their position but it was not availed of by the respondents and ultimately the petitioner filed the complaint (Annexure P/1) against the respondents after getting due approval/sanction. It has further been averred that the present complaint has to be tried as a warrant case as the contravention of the provisions of Section 25 or 26 of the Act are punishable with imprisonment for a term which shall not be less than 2 years but which may extend to 6 years and with fine. it is further asserted on behalf of the petitioner that after the recording of the evidence, charge was framed against the respondents vide order dated 2.3.95. Thereafter the case was posted for after charge evidence and one PW was also examined on 2.8.1996 and then the matter was adjourned for remaining PWs. One of the dates fixed for after charge evidence was 25.4.97 and on that day the complaint was dismissed for want of prosecution by the learned Sub Divisional Judicial Magistrate, Kharar vide order Annexure P/2.