Kailash Nath vs State of Punjab

M.M. Punchhi, J.

The petitioner, while an Executive Engineer in the State of Punjab was alleged to have made certain purchases for the department in which he was working. In the year 1980 the department received complaints against him pertaining to the said purchases. A vigilance enquiry bearing No.7 of 1980 was instituted by the Vigilance Bureau against the petitioner. Nearly five year after the event, F.I.R.No.211 Police Station City Hoshiarpur, dated August 27, 1985, was lodged against the petitioner, which had roots in the aforesaid complaints and the vigilance enquiry. The petitioner has approached this Court for quashing the First Information Report and the anticipated trial before the Special Judge, Hoshiarpur, under Sections 5(1) and 5(2) of the Prevention of Corruption Act. Reliance has been placed on his behalf on Des Raj Singal v. The State of Punjab, [1986 PLR 12 : 1986(1) Recent CR 66] , wherein it has been held, on the language of Rule 2.2 of the Punjab Civil Services Rules, Volume II, that no criminal proceedings can be instituted against a Government servant in respect of an event which took place more than four year before the date on which a complaint or report of a police officer, on which the Court takes cognizance, is made, keeping apart whether the officer was in service or retired or reemployed at that time. The event, in the instant case, having taken place beyond that period, learned counsel for the State has candidly conceded that this case is covered by the decision of Des Raj Singal''s case (supra) and that the petitioner should get relief in quashing the First Information Report itself, for no prosecution can be launched in a Court of law even if investigation discloses a prima facie case for prosecution.

Thus, for the foregoing reasons, this petition should be allowed and the F.I.R. quashed. JUDGMENTed accordingly.