GURDARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) GURDARSHAN Singh petitioner was posted as Quality Control Inspector, Food Corporation of India at Amritsar. On 10.7.1985 a case was registered against him under Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act and Section 161 of the Indian Penal Code for having accepted Rs. 11,000/- as illegal gratification from Ashok Kumar and Beant Rai for doing a favour to them by passing some bills submitted by them. After perusing the documents relied upon by the prosecution and hearing both the parties, Special Judge, Amritsar charged the petitioner for the above mentioned offences. The petitioner pleaded not guilty to the charge and claimed trial. Statement of Shri Bikramjit Singh, Senior Regional Manager, Food Corporation of India at Chandigarh was recorded wherein he stated that the petitioner was promoted from Technical Assistant Grade-III to Assistant Grade-II by the Zonal Manager, New Delhi on 30.12.1980 and the Zonal Manager had administrative control over all the regional offices. Thereafter, an application was moved by the petitioner that sanction accorded by the Senior Regional Manager for his prosecution was not valid. The learned Special Judge after hearing the parties came to the conclusion that Shri Bikramjit Singh, in the capacity of Senior Regional Manager, was not the proper person to grant sanction for the prosecution of the petitioner and the proceedings against him were, therefore, liable to fall through on this ground alone. Vide his order dated 17.8.1988, he discharged the petitioner.

(2.) A fresh challan was presented against the petitioner on 27.7.1990 in the Court of Special Judge, Amritsar and the petitioner was again charge-sheeted for the offences under Section 5(1) (d) read with Section 5(2) of the Prevention of Corruption Act and Section 161 of the Indian Penal Code. He has now filed this petition under Section 482 of the Code of Criminal Procedure for quashing of the criminal proceedings pending against him in the Court of Special Judge, Amritsar in case F.I.R. No. 323 dated 10.7.1985.

(3.) I have heard Mr. D. S. Pheruman, learned counsel for the petitioner and Mr. A. R. Sidhu, Deputy Advocate General, Punjab for the respondent and have perused the record.