RAM LAL ARORA Vs. V K BHARDWAJ

JUDGEMENT

(1.) Present petition under Section 482 of the Code of Criminal Procedure is for quashing of order dated 10.02.2014 (Annexure P/1) passed by learned Additional Sessions Judge, Chandigarh whereby criminal revision filed by the petitioner was dismissed, affirming the order dated 22.11.2012 (Annexure P/2), passed by learned Judicial Magistrate Ist Class, Chandigarh vide which Criminal Complaint No. 9871/2009 dated 28.10.2009 titled Ram Lal Arora Vs. V.K.Bhardwaj and others (Annexure P/3), filed by the present petitioner, was dismissed.

(2.) Facts relevant for the purpose of decision of the present petition; that the petitioner, who retired as Upper Division Clerk (UDC) from the office of Assistant Executive Engineer, Electricity Construction Sub Division No. 2, UT, Chandigarh on 30.04.2006, had grievance against one Ujjagar Singh, who has been arrayed as accused No.4 in the complaint (respondent No.4 herein). Respondent No. 4 was working as Lorry driver in the same division and retired from service on 31.03.2006. At the time of entry into service, respondent No. 4 had given his date of birth as 3.6.1947 and the same was recorded in the service book. No certificate of Matriculation or 8th pass was produced by respondent No. 4, either at the time of entry into service or at any subsequent stage for about 38 years. Later on, Respondent No. 4 entered into a criminal conspiracy with respondents No. 1 to 3 in order to cause wrongful loss to the Chandigarh Administration and wrongful gain to him by getting change of his dat of birth from 3.6.1947 to 16.03.1948 and in order to commit fraud upon the Chandigarh Administration. He had produced false and fabricated certificate showing his date of birth as 16.03.1948. Same was referred to respondent No. 3, who recommended the change in date of birth of respondent No. 4 as only an error was committed by respondent no. 4 by not giving information to the department in time. Respondents No. 1 to 3, in collusion with each other, ordered for change of date of birth of respondent No.4 thereby causing wrongful loss to the Chandigarh Administration and gain to respondent no.4.

(3.) Respondents no.1 to 3 were acting as public servants and they had committed criminal mis-conduct, which is covered under Sections 7 and 13 of the Prevention of Corruption Act, 1988 (for short, "the Act"). The same respondent No. 3 had given different opinion in the case of the petitioner that as per the provisions and as per rules, the said request could be entertained upto two years from the date of entry into Government service, as such, the complaint was before the Court.