K C DUGGAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition under Sections 482/438 of the Code of Criminal Procedure (hereinafter referred to as the Act), read with Article 21 of the Constitution of India and Rule 2.2 of the Punjab Civil Services Rules, Volume II, relates to quashment of the impugned First Information Report whereby case under Sections 420, 419, 120-B, Indian Penal Code, 109, 5(1)(c)(d), 5(2)(7) of the Prevention of Corruption Act, was registered against the petitioner on 7.4.1989, at Police Station Civil Lines Amritsar.

(2.) According to the allegations in the impugned First Information Report, the petitioner while posted as Sub-Divisional Engineer under Construction Circle PWD (B&R), Ferozepur, signed four cheques prepared by the Sub-Divisional Clerks and other officials, whereby amounts of Rs. 8,000/-, 16,000/-, 12,000/- and 12,000, were paid in November, 1989, to M/s. R.D. Kapoor & Co. Shri Ved Parkash Gupta and Shri Roop Lal, Contractor. It was further alleged that original cash books of the Sub-Division were taken into custody by the Vigilance Department on 6.12.1979, and that the said bills were prepared by Sarvshri Sohan Lal, R.K. Sahdev and Sant Singh, Junior Engineers. It was also alleged that during the last ten years or so, no departmental proceedings were initiated against the petitioner and others.

(3.) The State has not cared to file any reply in this case.