VIJAY KUMAR SHARMA (DR.) Vs. CHIEF SECRETARY AND SECRETARY TO GOVERNMENT, PUNJAB, DEPARTMENT OF VIGILANCE, PANJAB CIVIL SECRETARIAT, CHANDIGARH

JUDGEMENT

(1.) One Santokh Singh made a complaint that on 28.10.1987 he went to get himself medically examined. Vijay Kumar petitioner was a doctor in the said hospital while Surinder Kumar petitioner was a pharmacist. They refused to examine Santokh Singh. Illegal gratification was demanded. It was settled that medical examination will be done only in case Santokh Singh pays Rs.600/-. Santokh Singh showed his inability to pay the amount. Thereupon, petitioner Vijay Kumar asked him to pay Rs.400/- to Surinder Kumar petitioner and the balance amount to be paid on the next day. On tie next day, Santokh Singh came to the Vigilance Department. A raid was organised and thereafter both the petitioners were apprehended.

(2.) The petitioners were tried for the offences punishable under Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act. Special Judge, Amritsar on 11.10.1993 acquitted the petitioners and held :-

(3.) Vijay Kumar (petitioner in CWP No.16063 of 1994) has since retired. He has been served with a show cause notice/charge sheet pertaining to the said facts regarding which he was tried by the Special Judge, Amritsar. He seeks quashing of the said charge sheet pleading inter-alia that he has since been honourably acquitted by the Court and the departmental proceedings cannot be initiated against him. Further more he asserts that no charge sheet could be issued in respect of a matter beyond a period of four years prior to the retirement of the sad petitioner. The incident pertains to the year 1987 and serving of the charge sheet at this stage adversely affects his defence.