T. R. KALRA Vs. STATE AND OTHERS

JUDGEMENT

(1.) Sheared of unnecessary details, the facts giving rise to the present petition are that the petitioner, a member of Indian Police Service, was serving as Director General of Prisons to the Government of Jammu and Kashmir. Vigilance Organization registered a case, FIR No. 77/1993, against the petitioner and other accused persons alleging that medicines for Jail inmates for the year 1991-92 were procured from ineligible firms at excessive and exorbitant rates in violation of terms and conditions of NIT, thereby, causing undue pecuniary advantage to the tune of Rs. 2, 92, 922. 52 to accused No. 3 to 9 (Suppliers) and corresponding loss to the State exchequer.

(2.) As the petitioner was removable from service by the Central Government, the Vigilance Department sought sanction to prosecute the petitioner from the Central Government through the State Government. The Government declined to grant sanction and advised that the proposal for prosecuting the petitioner be dropped.

(3.) Final report was filed before the Court of Special Judge, Anti corruption, Jammu on 5th June, 1999, which did not include the petitioner in the array of accused.