GAYATRI JAIN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER , who has retired as Additional Secretary to Government of Punjab on September 30, 2001, has filed this petition under Section 482 Cr.P.C. for quashing of FIR No. 43 dated 30.5.2002 under Sections 408, 420, 467, 468, 471 and 120-B and Sections 13(1)(A)(D), 13(2) of Prevention of Corruption Act, 1988, registered with Vigilance Bureau, Patiala.

(2.) IN the year 1997, the petitioner was posted as Additional Director Consolidation, Punjab empowered with powers of the State Government under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to as the Consolidation Act). On 24.6.1977, when she was so posted, the proprietors of village Sekhon Majra filed a petition under Section 42 of the Consolidation Act against the Gram Panchayat for re-distribution of the Bachat land. Their claim was that during the consolidation, the department of consolidation imposed pro rata cut on the proprietors under Rule 16(ii) of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Rules, 1949. After utilising part of the land for the common purpose, some land remained unutilised, which was not to be transferred and could not have been vested in the Gram Panchayat and the same was liable to be re-distributed among the proprietors. The said petition was allowed by the petitioner vide her quasi judicial order dated 24.6.1997 while holding that the aforesaid Bachat land does not vest in the Gram Panchayat and it has to be redistributed among the proprietors according to their share. Feeling aggrieved against the aforesaid order, passed by the petitioner, Gram Panchayat, Village Sekhon Majra filed Civil Writ Petition No. 16039 of 1997, which was admitted by this Court and operation of the order dated 24.6.1997, passed by the petitioner was stayed. The said writ petition is still pending in this Court.

(3.) IN the FIR, it has been alleged that the Gram Panchayat, Village Sekhon Majra was the owner of the disputed land and the petitioner, while working as Additional Director Consolidation, Punjab, had passed the order dated 24.6.1997, grossly in violation of the judgment of the Hon'ble Apex Court in Gram Panchayat Nurpur's case (supra), according to which the Additional Director Consolidation has no authority to pass any order in pending cases under Section 42 of the Consolidation Act, regarding the Shamlat land, which was the ownership of Hasab Rasad Jar Khewat and of Maqbooja Malkan. It has been further alleged that in this regard, the instructions were already issued by the Government vide letter dated 9.4.1997. Despite all this, the petitioner did not care about the order of the Hon'ble Supreme Court and the Government instructions and ordered for re-partition of the land. In this way, by passing the order going beyond her jurisdiction, the petitioner has committed an offence by keeping in view her personal benefit and tampering with the government record. On the basis of the order, passed by the petitioner, the revenue record was changed by the Patwari in favour of the proprietors, who subsequently sold part of the land to various persons, mentioned in the FIR.