Avtar Singh vs State of Punjab

S.S. Grewal, J.

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 120B of the Indian Penal Code, and proceedings taken thereunder.

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.

In the reply filed by the State, however, it has been mentioned that competent authority was moved in the year 1979 to accord sanction for the prosecution but no such sanction has been obtained. It was further admitted that in the year 1979, the Secretary to the Government Punjab, P.W.D. B&R vide him memo No. 10/21/79BR(6) 2958/4919 dated 19.5.1979 declined to accord sanction for the prosecution against Amarjit Singh Dhingra, Sub Divisional Engineer and further recommended that the said Sub Divisional Engineer and other employees in the case be dealt with departmentally.

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 subrule 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 120B of the Indian Penal Code, brother Bahri, J. held as under :

"Rule 2.2 applied to departmental as well as judicial proceedings civil or criminal which is clear from the explanation attached to the rule itself. Subrule (3) of Rule 2.2. is a complete bar for institution of judicial proceedings in respect of a cause of action which arose on an event which took place more than four years before such institution."

In the instant case no challan has been presented even though 15 years have passed after the commission of the offences alleged in the first information report. This is in clear violation of constitutional guarantee of a speedy trial contemplated under Article 21 of the Constitution of India. I am fortified in my view by the Single Bench authority of this Court in Jasbir Singh v. State of Punjab, 1980 Chandigarh Criminal Cases 298 and another Single Bench authority in this Court in Amar Nath and others v. State of Punjab, 1987(1) Chandigarh Criminal Cases 113.

For the foregoing reasons, the first information report and the resultant proceedings taken against the petitioner are directed to be quashed and this petition is accepted accordingly.