TIRATH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner is seeking a writ in the nature of certiorari for quashing the letter dated 03.03.2008 (Anexure P-4), passed by the Commissioner, Patiala Division, Patiala-respondent No.2 and letter dated 31.03.2008 (Annexure P-5), passed by the Deputy Commissioner, Fatehgarh Sahib-respondent No.3, whereby sanction granted for prosecution has been withdrawn.

(2.) Smt. Paramjit Kaur, wife of Tirath Singh-petitioner inherited property from her father in village Rurki, District Fatehgarh Sahib. She made an application to Mohan Singh, Halqa Pawari, Rurki, for sanctioning mutation in her favour, who demanded bribe of Rs.5000/-, from the petitioner, which was later on reduced to Rs.4000/-. The petitioner contacted one Avtar Singh son of Harnek Singh and they made an attempt to get the said Patwari arrested. The petitioner went to the office of Vigilance Bureau, Patiala, after collecting Rs.4000/- with Avtar Singh ad narrated the entire story. Thereafter, FIR No.9 dated 01.02.2006, under Section 7 read with Section 13 (2) of the Prevention of Corruption Act, 1988, was registered at Police Station, Vigilance Bureau, Patiala (Anexure P-1). The raiding party conducted a raid in the office of Halqa Patwari, Rurki, from where Mohan Singh was caught red handed and bribe of Rs.4000/- was recovered from his possession. After investigation, the Vigilance department recorded the statements of the witnesses and sought sanction for prosecution against aforesaid Mohan Singh from the Deputy Commissioner, Fatehgarh Sahib-respondent No.3. Thereafter, the petitioner filed CWP no.16758 of 2006 before this Court, for giving direction to respondent No.3 to give final sanction to prosecute Mohan Sigh, Halqa Patwari. The said petition was disposed of by this Court vide order dated 24.10.2006 by giving a direction to respondent No.3 to take a final decision in the matter of grant of final sanction. Thereafter, vide order dated 29.08.2006 (Annexure P-2), respondent No.3 declined to grant sanction of prosecution against Mohan Singh, Patwari. This order was challenged by the petitioner before this Court by filing CWP No.6281 of 2007. After notice, a detailed reply was filed by the Vigilance Bureau, stating that a parallel enquiry had been conducted by the DSP, Nabha. Respondent No.3, without examining the report of the Vigilance Bureau, had declined to grant sanction to prosecution Mohan Singh. Several reminders were sent by the Chief Director, Vigilance Bureau, Punjab, stating that no parallel could be conducted and sanction to prosecute Mohan Singh sought. During the pendency of the said petition, respondent No.3 passed an order dated 03.09.2007 (Annexure P-3) granting sanction to prosecute. Consequently, the said petition became infructuous and was disposed of on 08.10.2007.

(3.) Mohan Singh, Patwari, filed CRM No. M-46187 of 2007 for quashing of the aforesaid FIR as well as the order dated 03.09.2007 (Annexure P-3). During the pendency of said petition, respondent No.2 vide order dated 03.03.2008 (Annexure P-4) directed respondent No.3 to withdraw his order dated 03.09.2007 (Annexure P-3). Thereafter, respondent No.3, vide order dated 31.03.2008 (Annexure P-5), withdrew his order dated 03.09.2007 (Annexure P-3) and restored his earlier order dated 29.08.2006 (Annexure P-2). The petitioner has challenged both the orders dated 03.03.2008 and 31.03.2008 (Annexures P-4 and P-5). In the written statement, filed by the respondent Nos. 1 and 4, the factual position is admitted, as stated in the petition. It has been stated that the Chief Director, Vigilance Bureau, Punjab, vide letter dated 10.05.2010, had directed the Senior Superintendent of Police, Vigilance Bureau, Patiala, to file an untraced report in the case. Thereafter, the matter was referred back to the Vigilance Bureau, Punjab, for further necessary action and the matter is still pending there. Once, sanction to prosecute has been declined, there was no provision for reviewing the said order.