SHIV PARSHAD PANDEY Vs. C B I

JUDGEMENT

(1.) THE petitioner seeks the quashing of the framing of the charge by the Special Judge, Patiala, for the offences punishable under Lions 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 While disposing off this petition, it is not necessary to give details of the charges. Petitioner's counsel has submitted that in view of the provisions or section 53 read with Section 75 of the Border Security Force Act, I (hereinafter called B.S.F. Act), the petitioner could not have been prosecuted before the Special Judge on the ground that the petitioner had been awarded a minor punishment of severe reprimand under Section 53 of the said Act, and consequently, as per the Prevention of Corruption Act, the petitioner could not have been dealt with again on the same allegations for which he was reprimanded under Section 53 of the B.S.F. Act. counsel for the petitioner brought my attention to para 9 of his petition and contended that the petitioner had been dealt with under Section 53 and punishment was awarded to him in respect of the same allegations which now from the subject matter of the charges. At this juncture, the relevant concluding part of para 9 of the petition may be quoted. It is as follows :

(2.) NEEDLESS to state that above mentioned contents pertain to only recommendations and not award of the punishment under Section 53 of the B.S.F. Act, Counsel for the C.B.I. argued before me that the only steps taken by, the authorities under B.S.F. Act was to order a Court of Inquiry which is a fact finding step as per Rule 170 of the B.S.F. Act, and before any step for punishment could be taken against the petitioner, he was sent back to his parent department. It also clearly appears that there is nothing to indicate that consequent upon the recommendations of punishment, as referred above, the petitioner was punished by some authority under the B.S.F. Act. In the set of circumstances, the provisions incorporated in Section 75 of the B.S.F. Act, could not be attracted.

(3.) PETITION dismissed.