SURINDER KUMAR KAUSHAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Instant petition has been filed by the petitioner under Section 482 of the Code of Criminal Procedure for quashing of FIR No. 5 dated 7.7.2011, registered at Police Station State Vigilance Bureau, Panchkula, under Section 7 of the Prevention of Corruption Act (Annexure P/2), report under Section 173 of the Criminal Procedure Code (in short as Cr.P.C.), order dated 7.9.2012 (Annexure P-4) whereby charge has been ordered to be framed against the petitioner and co accused and charge-sheet dated 7.9.2012 (Annexure P-5).

(2.) Brief facts of the case are that Harjit Singh, resident of House No. 1, Sandhu Colony, Kaithal Road, Karnal District moved a written complaint, addressed to SHO, State Vigilance Bureau, Haryana, Sector-17, Panchkula. On the basis of same, the FIR in question was registered and Inspector Madan Lal constituted a raiding party and recovered bribe money from Virender Singh, cashier and arrested the petitioner. Thereafter, the challan report under Section 173 of Cr. PC was presented in the Court of Special Judge, Panchkula. The learned Special Judge after considering the evidence on record ordered for framing of charge under Section 9 of the Prevention of Corruption Act against the petitioner and his co-accused vide order dated 7.9.2012 (Annexure P-4) and accordingly, charge was framed vide charge-sheet (Annexure P-5).

(3.) The relevant facts are to the effect that the petitioner joined as Assistant Engineer in the Public Health Department, Haryana in March 1972 and ultimately retired as Superintending Engineer from the Public Health Department, Haryana on 31.1.2004. After the retirement of petitioner, he was appointed as Manager, Gymkhana Club (in short the Club), Sector-6, Panchkula by the General Secretary-cum-Estate Officer, Haryana Urban Development Authority (in short HUDA), Panchkula on contract basis, vide letter dated 20.06.2008 (Annexure P-6) and the petitioner joined his duty as such on 21.6.2008.