AMARJIT SINGH DHINGRA Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) In this writ petition under Articles 226/227 of the Constitution of India, the petitioner seeks the issuance of a writ in the nature of certiorari declaring the sanction of prosecution against the petitioner to be violative of Article 21 of the Constitution of India. The petitioner also seeks the issuance of a writ in the nature of Certiorari quashing F.I.R. No. 99 dated 15.4.1977 registered at Police Station City District Hoshiarpur under Sec. 5(2), 47 of the Prevention of Corruption Act, and Ss. 420, 467, 468, 471, and 120 -B of the I.P.C. The petition was filed on June 16, 1988. Notice of motion was issued on 20.6.1988 for 7.11.88. Further proceedings in the matter were stayed till further orders. On 13.2.1989, after hearing the learned counsel for the parties, the petition was admitted. The interim order was directed to be continued subject to the respondents' right to file a petition for vacation of the same. In April, 1990, C.M. No. 4606 of 1990 was filed for vacation of stay. The aforesaid application was dismissed by this Court on 30.5.1990. Now the present petition has come up for final healing.

(2.) During the pendency of the petition, the Advocate of the petitioner has been elevated to the Bench of this Court. Consequently, on 27.10.2004, notice was issued to the petitioner. No one has put in appearance for the petitioner, in spite of notice having been issued, It is in such circumstances that the petition is being taken up for final disposal in the absence of the petitioner.

(3.) The pleaded case of the petitioner is that he was appointed as Sub Divisional Engineer in the month of October, 1970, He was promoted on the post of Executive Engineer on ad hoc basis on June, 1979. Thereafter, he was promoted on regular basis as Executive Engineer w.e.f. July, 5, 1975 by order dated 12.2.1985. There is nothing adverse in the Annual Confidential Reports of the petitioner throughout his service. He was allowed to cross the efficiency bar on the post of Executive Engineer w.e.f. 1.2.1985.