- (1.) These appeals are filed against the judgment and order dated 14th of September, 1988 made by the High Court of Punjab and Haryana at Chandigarh in Criminal Revision No. 805 of 1998 and Criminal Misc. No. 21520-M of 1997. In those proceedings, the appellant had challenged the order dated 8-7-1998 made by the learned Special Judge, C.B.I., Patiala by which charges were framed against the appellant under Ss. 7 and 13(2) read with S. 13(1)(d) of the Prevention of Corruption Act, 1988. The appellant sought for quashing of the said charges framed by the learned Special Judge, C.B.I. Patiala. But the High Court by the impugned order has dismissed the said petitions.
(2.) The facts necessary for the disposal of these appeals are as follows: The appellant belongs to the Indian Police Service from Madhya Pradesh Cadre. While so serving, the appellant was deployed on deputation in the Border Security Force (BSF) in the year 1992. While he was in the BSF, one Assa Singh made a complaint to the authorities to the BSF alleging certain misconduct of accepting illegal gratification for showing official favour against the appellant. Based on the said complaint of Assa Singh, a Court of enquiry was ordered by the BSF authorities on 27th of June, 1995 and an Additional DIG/Commandant STC BSF Khargaon was appointed as Staff Court of Inquiry (SCOI) for that purpose. The said SCOI examined certain witnesses including the complainant Assa Singh and made a recommendation to the higher authorities that necessary disciplinary action may be taken against the appellant herein as per law. On the said recommendation of SCOI, the Inspector General, BSF, Jalandhar on 13th of May, 1996 recommended that instead of initiating further action the appellant may be awarded Director General's "Service Displeasure" for the misconduct committed by the appellant.
(3.) Before any further action could be taken either on the recommendations of the SCOI or the DIG, the appellant was repatriated to his parent cadre of M.P. Police on 16th of July, 1996. In the meantime, the complainant Assa Singh filed another complaint against the appellant before the C.B.I., on the same fact on which he had made the earlier complaint to the BSF authorities. The CBI on completing investigation filed a charge-sheet before the competent Court on 23rd of April, 1997. Based on the report filed by the CBI, the Special Judge, CBI, Patiala on 8-7-1998 framed charges and issued the charge-sheet to the appellant. It is against the said framing of charges the appellant had filed quashing petition before the High Court of Punjab and Haryana. Since the Special Judge refused to stay the proceedings before him during the pendency of the petition before the High Court, the appellant also filed a connected misc. petition praying for staying of the proceedings before the Special Judge, CBI, Patiala. It is those petitions which were disposed of by the High Court by the impugned order.;