BRAM DEV Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition under section 482 of the Code of Criminal Procedure for quashing the proceedings pending against the petitioner in pursuance of F.I.R. No. 143 dated October 26, 1989 under section 7-13(2) of the Prevention of Corruption Act, 1998 registered at Police Station Longowal.

(2.) BRIEFLY the facts of the case are that the petitioner was working as an Assistant Executive Engineer with the Punjab State Electricity Board at Longowal. The petitioner is alleged to have accepted Rs. 1,000/- as illegal gratification from Gurcharan Singh for showing him favour in matter of transfer of connection of electric tubewell from the name of Piara Singh to that of Gurcharan Singh. Gurcharan Singh informed the Vigilance Department who laid a trap and the petitioner was apprehended while accepting Rs. 1,000/- as illegal gratification.

(3.) LEARNED counsel for the petitioner contends that the incident in the present case relates to October 26, 1989. It is contended that throughout the period during which the petitioner was a Government servant the respondent could not obtain sanction for his prosecution. It is only after he retired that the present challan has been presented. It is further contended by the learned counsel for the petitioner that sanction would be required even if a public servant ceases to hold office on the date of taking cognizance of the offence. He relies on the decision in R. Balakrishna Pillai v. State of Kerala, 1996(2) RCR(Crl.) 765 (SC) : AIR 1996 SC 901. It was held that sanction would be sine qua non so that needless or false prosecutions do not take place against public servants.