SARAN SINGH JAGGI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition for quashing the First Information Report No. 11 dated 3.2.1995 under Sections 409/120-B Indian Penal Code, registered at Police Station Bhawanigarh district Sangrur.

(2.) The petitioner Saran Singh Jaggi was posted as Assistant Food and Supplies Officer, Bhawanigarh, during the period from 4.5.1983 to 24.4.1984. He was served with a charge sheet under Rule 4 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970, vide memo No. Al (G-2) 941700 dated 28.11.1994. The charge sheet contained allegations, inter alia, that there was shortage of wheat which had been stored by the petitioner and the officials serving under him. A departmental enquiry was held and conducted by Additional District Food and Supplies Controller, Sangrur, who submitted his enquiry report to the effect that instead of shortage of wheat, as alleged above, there was excess not only during the period when the petitioner remained posted there, but afterwards also. The enquiry report was ultimately accepted by the Director, Food and Supplies, Punjab, vide order dated 6.6.1994 and the petitioner was, accordingly, absolved of the charges levelled against him. The enquiry report has been annexed with this petition as Annexure IT.

(3.) It was after the departmental enquiry had been concluded in favour of the petitioner that a letter was addressed by the District Food and Supplies Controller, Sangrur, to the Senior Superintendent of Police, Sangrur, that no case was made out against the petitioner and the case regarding the missing records was only against Mr. Koshal Rao Singla, Auditor Grade-I and Mr. Hardit Singh, Assistant Food and Supplies Officer, who were responsible for the misplacement of the record. A copy of this letter has been annexed as Annexure P-3 to this petition. It appears that, in the meantime the impugned First Information Report (copy Annexure P-4) had been registered at Police Station Bhawanigarh, district Sangrur. The petitioner, apprehending his arrest in connection with the said First Information Report, applied for anticipatory bail before the Sessions Judge, Sangrur, which was granted by the Additional Sessions Judge, Sangrur.