KANWALJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) KANWALJIT Singh, Junior Engineer, with Executive Engineer, Punjab Mandi Karan Board, Ludhiana has moved this petition under Section 482 of the Code of Criminal Procedure read with Article 21 of the Constitution of India for quashing First Information Report No 99 registered against him on 15-4-1977, under Section 5 (2) 47 of the Prevention of Corruption Act read with Section 420, 467, 468, 471 and 120 B of the Indian Penal Code, and proceedings taken thereunder.

(2.) ACCORDING to the allegations against the petitioner he prepared voucher No. 89 dated 20-6-1974 by which payment of Rs. 99/- is stated to have been mad. to Baldev Singh for supply of water for construction of road from Adampur to Hoshiarpur. According to the prosecution the said voucher was prepared by the petitioner and the payment was made by Shri Amarjit Singh Dhingra, Sub-Divisional Engineer and the bill was prepared by Shri Devi Dass, Sub-Divisional Clerk on the measurement made by the petitioner.

(3.) IT was contended that the allegations in the First Information Report relate to the year 1974, where as first it Information Report was registered on 15-4-1977, and, no challan has been presented against the petitioner on the basis of the said report in the Court, as such sub rule (3) of rule 2.2 of Punjab Civil Services Rule Vol II is a complete bar for the institution of judicial proceedings on the basis of the first information report in respect of allegations which, relate to period exceeding four years. Reliance in this respect has rightly been placed on the Single Bench authority of this Court State of Punjab vs Sain Dass and others. 1988 Chandigarh Criminal Cases 547 therein dealing with the quashment of proceedings under section 5(2) 47 of Prevention of Corruption Act and under Sections 409, 420, 467, 469, 471 and 120 B of the Indian Penal Code, brother Bahri, J held as under :-