ISHAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Ishar Singh worked as Section Officer, Municipal Committee, Jagraon. On 20-6-1991 the Municipal Committee Jagraon sent a bank draft forRs.1, 42,570 /- to the branch office of Hindustan Petroleum Corporation, Mathura, at Chandigarh for supply of 4 m.m. tons of Bitumen. Thereafter on 4-7-1991 Sudhir Kumar, Clerk, Municipal Committee, Jagraon was sent to Mathura to bring the bitumen. Hindustan Petroleum Corporation Mathura Refinery sent four trucks of bitumen and out of these four trucks, truck No. HR--01 5845 reached Municipal Committee, Jagraon on 9-7-1991 and truck No. HR-01--445, G. R. No. 157 reached on 10-7-1991. Entries regarding the arrival of these trucks were made in the record of the Municipal Committee. The goods sent by third truck which was dispatched from Mathura on 8-7-1991 and of the 4th truck dispatched on 30-8-1991 were not entered in the stock register of the Municipal Committee nor Ishar Singh petitioner and Sudhir Kumar clerk informed the Executive Officer of Municipal Committee, Jagraon. about the non-receipt of these trucks. When the record of the Municipal Committee was checked it came to light that these employees had made the trucks disappear in transit. The matter was then brought to the notice of the Station House Officer, Police Station, Jagraon, by Sub-Divisional Officer (Civil)-cum-Administrator, Municipal Committee, Jagraon on 22-4-1992 and a case under S. 409, I.P.C. was registered against the petitioner and Sudhir Kumar. The petitioner has filed the present petition under S.482 of the Code of Criminal Procedure for quashing the above-referred first information report Annexure P/4 and subsequent proceedings and investigation initiated, there under.

(2.) It was averred in the petition that the Executive Officer, Municipal Committee, Jagraon had deputed Sudhir Kumar clerk to take delivery of bulk bitumen from Hindustan Petroleum Corporation, Mathura Refinery and to transport the same to Jagraon. He was not working under the petitioner and was to report to the Executive Officer of the Municipal Committee about the taking of the delivery of bitumen, its transport and arrival at Jagraon. Two trucks reached Municipal Committee, Jagraon and the bitumen carried in the same was received by the petitioner and was duly entered in the stock register. No more bitumen was delivered to him till he remained posted at Jagraon. He was transferred to Mansa and he was relieved on 16-8-1991. The question of his entering any bitumen received thereafter in the stock register did not arise. One of the trucks, was alleged to have left Mathura on 30-8-1991, that is, after he had relinquished charge at Jagraon, when bitumen of the two trucks was never delivered to him, there was no question of misappropriation of the same. He was falsely involved in the case and his prosecution was malicious. Even during investigation of the case no material had come out to show any criminal act on his part. It was further alleged that no case could be registered with police without prior permission of the Commissioner Local, Funds Accounts as provided in sub-rule (2) of R. 18, Chapter XVII of Punjab Municipal Accounts Code.

(3.) In the return filed by the respondent this fact was admitted that the petitioner was transferred from Jagraon to Mansa and was relieved from Municipal Committee, Jagraon on 16-8-1991, but it was maintained that he managed his transfer with ulterior motive to escape from liability of negligence of duty and sale of two trucks of bitumen in connivance with Sudhir Kumar clerk out of our trucks. Three trucks containing bitumen left Mathura on 8-7-1991 and the fourth on 30-8-1991. Two trucks reached Jagraon, one on 9-7-1991 and the second on 10-7-1991 but no information was given by the petitioner regarding non-arrival of the third truck as the bitumen transported by that truck was sold in transit had not reached Municipal Committee, Jagraon.