HARBANS LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present petition has been filed under Section 482 Cr.P.C. for quashing of order (Annexure P-3) whereby sanction for prosecution of the petitioner in case FIR No. 54 dated 5.11.2003 under Sections 7/13(2) 88 of Prevention of Corruption Act, P.S.Vigilance Bureau, Bathinda Range, Bathinda, has been granted.

(2.) BRIEFLY , the facts of the case are that in the year 2003, petitioner Harbans Lal was working as an Accountant in the Head Post Office, Faridkot and was also having charge of Assistant Post Master. Shri R.Prince Narula, respondent No. 2, a small savings agent, was also working at Faridkot. On the complaint filed by respondent No. 2, FIR No. 54 dated 5.11.2003 was registered under Section 7/13(2) 88 of Prevention of Corruption Act, Police Station Vigilance Bureau, Bathinda for acceptance Rs. 500/- as bribe from him. The investigation of the case was conducted into the allegations against the petitioner by Assistant Superintendent of Post Office, Faridkot and the petitioner was found innocent. After investigation, the vigilance bureau submitted the case for grant of sanction for prosecution of the petitioner. The competent authority after considering the record of the investigation as well as departmental inquiry conducted by Assistant Superintendent, Post Office Faridkot and inquiry conducted by District Magistrate, Faridkot, refused to grant sanction vide order dated 9.3.2004. Later on, on the basis of another reference made, the competent authority vide letter dated 28.7.2004 after consulting the inquiry conducted by vigilance department as well as District Magistrate and Assistant Superintendent, Post Office, Faridkot, found the petitioner innocent.

(3.) ULTIMATELY , the Superintendent Post Office, granted sanction vide order Annexure P-3, which is the subject-matter of challenge in the present writ petition.