JASWINDER PAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER has filed this revision petition under Section 401 Cr.P.C. against State of Punjab respondent challenging the impugned order dated 25.11.2014 passed by learned Special Judge, Gurdaspur vide which charges under Section 7 and Section 13(2) of the Prevention of Corruption Act have been framed against the petitioner. At the time of arguments, learned counsel for the petitioner has only argued that in the present case, earlier the competent authority has refused sanction and then without any fresh material, granted the sanction. Therefore, the order of learned Special Judge, Gurdaspur is not as per law and liable to be set aside. I have heard learned counsel for the petitioner and have gone through the record.

(2.) AS per the prosecution version, in this case the petitioner Jaswinder Pal, Senior Executive Engineer has been caught red handed while taking bribe of Rs. 1 lac. The brief facts of the case are that on 10.05.2012, SDO, PSPCL South Batala had conducted checking in the showroom of complainant and after checking had sent notice of fine vide memo No.309 dated 11.05.2012 in the name of wife of the complainant on 12.05.2012, in which a fine of Rs. 6,51,372/ - was imposed on them. Then complainant along with an application dated 14.05.2012 written by his wife Balwinder Kaur met Senior Executive Engineer Jaswinder Pal at his office on 15.05.2012 in order to get reduced the amount of fine. Then, Senior Executive Engineer said to him that a fine of Rs. 6,51,372/ - had been imposed and he will use his power and by saying the SDO, he will get his fine amount reduced to around Rs. 1 lac and will also give permission to deposit Rs. 1 lac in six installments but in lieu of this work, the complainant has to pay an amount of Rs. 2 lacs to accused as bribe. Senior Executive Engineer Jaswinder Pal told complainant that Rs. 2 lacs may be paid to him in two installments. An application was given by the complainant and SDO sent revised notice vide memo No.318 dated 16.05.2012 to the complainant for an amount of Rs. 96,828/ -. Then on 21.05.2012, complainant met Jaswinder Pal to order the SDO to allow him to pay the amount of fine in six installments. Then accused told complainant to give first installment of bribe on 22.05.2012 at Electricity Board Rest House, Batala and further told him to bring application from his wife and he will allow six installments. The matter was then reported to the Vigilance Bureau, Gurdaspur. Raid was conducted and the present petitioner was apprehended while taking amount of Rs. 1 lac.

(3.) AS per Annexure P -8 order dated 30.01.2013, Sh.K.D.Chaudhary, CMD, PSPCL refused to give the sanction stating that in this case, SDO had reviewed the amount of fine being competent authority. Again, Vigilance Officer moved an application for re -consideration. Then, competent authority CMD, PSPCL after four days, passed the order granting sanction. The above -said order has been passed in detail by reconsidering the case as a whole as the new fact was also found that instructions regarding checking the temporary connection along with other temporary connections of Balwinder Kaur were given by Jaswinder Pal Senior Executive Engineer. As per the checking report, Balwinder Kaur, for being unauthorized use of energy, was issued provisional notice memo No.309 dated 11.05.2012 for Rs. 6,51,372/ - by the SDO office. The application of the consumer regarding reviewing the provisional notice was sent by Senior Executive Engineer to the SDO office. The amount of fine was re -assessed and final notice regarding Rs. 96,826/ - was issued to Balwinder Kaur. The installments of this amount were made due to role of this officer (petitioner) in case and he was held by the Vigilance on the allegation of taking bribe of Rs. 1 lac. Hence permission/sanction was granted.