BHAG SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') for quashing F.I.R. No. 5 dated 19.1.1995, Police Station Vigilance, Patiala, annexure P/1 and the further proceedings arising out of the same.

(2.) PETITIONER No. 1 Bhag Singh was posted as Block Primary Education Officer, Block Samrala (1) and was also Drawing and Disbursing Officer. Petitioner No. 2 Balwant Singh was working as Clerk in Government Primary School. Petitioner No. 1 retired in the month of March, 1990.

(3.) LEARNED counsel for the petitioners has argued that in view of rule 2.2 of the Punjab Civil Services Rules Volume II (hereinafter referred to as 'the Rules') the prosecution cannot be continued against petitioner No. 1 who has retired from service. Rule 2.2 of the Rules is reproduced as under :