PREM SAGAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner assails order dtd. 25/11/2019 passed by the Special Court, Sangrur vide which an application dtd. 7/7/2019 (Annexure P-13) filed by the petitioner seeking his discharge has been declined.

(2.) A few facts, necessary to notice for disposal of the petition are that the petitioner was appointed as a Clerk in Municipal Council, Sangrur vide order dtd. 22/8/1985. One FIR i.e. FIR No. 9 dtd. 20/4/2018, under Ss. 7, 13(2) of the Prevention of Corruption Act, 1988, Police Station Vigilance Bureau, Patiala Range, Patiala (Annexure P-1) was lodged against the petitioner at the instance of Anil Kumar wherein he alleged that he intended to sell his house and for which he was in need of NOC which was to be issued by the Municipal Council, Sangrur. The complainant met Prem Sagar Gulati (petitioner) who demanded illegal gratification of Rs.4,000.00 for getting the NOC issued. The said amount was settled at Rs.2,500.00 which the complainant was told to bring on 20/4/2018. However, since the complainant did not wish to pay the bribe amount, he reported the matter to the Vigilance Bureau. A trap was laid and the petitioner was caught red handed while accepting an amount of Rs.2,500.00 as bribe from the complainant.

(3.) The matter was investigated by the Vigilance Department and pursuant thereto a challan was prepared against the petitioner. A request was made by the Vigilance Department to the Executive Officer, Municipal Council, Sangrur for according sanction for prosecuting the accused vide request letter dtd. 11/9/2018 (Annexure P-6). The matter was considered by the Municipal Council, Sangrur and a Resolution No. 430 dtd. 15/11/2018 (Annexure P-7) was passed declining the request of the Vigilance Bureau for according sanction to prosecute the petitioner. The Executive Officer, Municipal Council Sangrur, however, referred the resolution to the Director, Local Bodies. The Director, Local Bodies vide order dtd. 5/2/2019 (Annexure P-9) set aside Resolution No. 430 dtd. 15/11/2018 (Annexure P7), in exercise of powers under Sec. 236 of the Punjab Municipal Act 1911, and directed the Executive Officer, Municipal Council to take neccessary steps for issuance of sanction order and for prosecuting the petitioner. Pursuant to the aforesaid order dtd. 5/2/2019 (Annexure P-9) passed by the Director, Local Bodies, Punjab, the Executive Officer, Municipal Council, Sangrur issued sanction order dtd. 26/3/2019 (Annexure P-12) for prosecuting the accused and a copy of which was also conveyed to the SSP, Vigilance Bureau, Patiala Range, Patiala.