AVTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) AVTAR Singh, Junior Engineer, with National Highway Division No. 4, Lining Project, Phagwara, District Kapurthala 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 14.4.1977, under Section 5(2)47 of the Prevention of Corruption Act read with Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code, and proceedings taken thereunder.

(2.) ACCORDING to the allegations in the First Information Report, the petitioner prepared three vouchers amounting to Rs. 3994/- in the year 1973 for supply of Bajri and fuel wood and the payment in respect of the alleged amount was made by Shri Amarjit Singh Dhingra, Sub Divisional Engineer, to Pritam Singh contractor for construction of road from Adampur to Hoshiarpur.

(3.) IT was contended that the allegations in the First information Report relate to the year 1973, whereas, the first 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 Rules 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 v. Sain Dass and others, 1988(2) Recent Criminal Reports 564 : 1988 Chandigarh Criminal Cases 547 wherein dealing with the quashment of proceedings under Section 5(2)(47) of Prevention of Corruption Act and under Sections 409, 420, 467, 468, 471 and 120-B of the Indian Penal Code, brother Bahri, J. held as under :-