SANJAY SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PETITIONER is seeking bail in case FIR No. 14/2013 dated 3.10.2013 under Sections 447, 120B of the Indian Penal Code, Section 3 of the Prevention of Damage to Public Property Act and Section 13(2) of the Prevention of Corruption Act, registered at Police Station State Vigilance and Anti Corruption Bureau, Dharamshala, District Kangra, H.P.. The petitioner has been working as Public Relation Officer of the Himachal Pradesh Cricket Association (HPCA) on honorary basis. The Deputy Commissioner, Kangra, had convened a meeting on 14th March, 2008 with the Sub Divisional Magistrate, Executive Engineer, Assistant Engineer (PWD) Dharamshala and Principal Government College Dharamshala. The decision was taken to re -allocate new residential quarters to the Lecturers of Government College Dharamshala. The petitioner also participated in the meeting. The Executive Engineer Dharamshala informed the Deputy Commissioner on 11.4.2008 that T -IV quarters constructed opposite Cricket Stadium at Dharamshala were in dilapidated condition and were beyond economical repairs. Thereafter, the HPCA sent a communication to the Sports Department, Government of Himachal Pradesh on 3.7.2008 seeking allotment of land adjacent to the Cricket Stadium at Dharamshala. The NOC was granted by the Principal Secretary (Higher Education) to the Government of Himachal Pradesh vide letter dated 22.7.2008 subject to following conditions:

(2.) THE Special Secretary (YSS) to the Government of Himachal Pradesh sent a communication dated 6th August 2008 to the Deputy Commissioner, Kangra, requesting him to take immediate steps for getting the case finalized since the NOC had been granted by the Principal Secretary (Higher Education).

(3.) THE petitioner is merely a spokesperson of HPCA. A conscious decision has been taken by the Government functionaries, who participated in the meeting held on 14.3.2008 under the Chairmanship of the Deputy Commissioner, Kangra at Dharamshala, for demolition of existing quarters.