- (1.) These two appeals are interlinked as the point involved revolves round the scope and ambit of Section 197 of the Code of Criminal Procedure, 1973 (for short the 'Code'). The Himachal Pradesh High Court by the impugned judgment held that in the absence of requisite sanction in terms of Section 197 of the Code proceedings initiated against the respondent (hereinafter referred to as the 'accused') cannot proceed. Two proceedings were initiated against the accused, one was for alleged commission of offences punishable under Section 120-B, Section 420 read with Section 511 of the Indian Penal Code, 1860 (for short the 'IPC'). Section 5(2)(1)(d) of the Prevention of CorruptionAct, 1947 (for short the 'old Act') corresponding to Section 13(1)(d) of the Prevention of Corruption Act, 1988 (for short the "New Act"). The Special Judge (Forests), Shimla, directed the accused to be charged accordingly by his order dated 5-8-1995. In the other case charges were framed against the accused on 15-11-1995 for the offence punishable under Sections 467, 468, 471, 420, 120-B, IPC and Section 5(2)(1) (d) of the old Act corresponding to Section 13(1)(d) of the New Act.
(2.) Sheaving out unnecessary details, the accusations leading to the framing of charges are as under :- The Controller of Stores, Himachal Pradesh had approved a rate contract for the purchase of galvanized steel barbed wires for fencing at the ex factory rate of Rs. 8400/- per M.T. This rate contract was valid up to the period ending 30-9-1985. No rate contract was approved in respect of this item for the period beginning 1-10-1985. On 20-10-1985, the Chief Sales Officer and the Executive Officer of H. P. Agro Industries Corporation wrote two identical letters to the Chief Conservator of Forests (T), Himachal Pradesh offering to supply barbed wire/GI wire and U Staples to the forest department. The rates quoted were Rs. 10,500/- per M.T. for barbed wire (Hot dip) and Rs. 10,000/- per M.T. for electroplated barbed wire. A request was made to the Chief Conservator of Forests to direct all the field officers working under his control to buy their requirements of the above-mentioned items by placing their supply orders with the H. P. Agro Industries Corporation. The petitioner, who was then the Chief Conservator of Forests. On 30-10-1985 issued a circular letter to all the Conservator of Forests working under him advising them to work out their requirements of GI and barbed wires and in the absence of a rate contract to place orders for the supply thereof with the H.P. Agro Industries Corporation, who had offered to make the necessary supply of both these items immediately. Consequent upon such instructions having been issued by the petitioner, various forest circles placed the supply orders to the extent of about 1200 M.T. of barbed wire with the H. P. Agro Industries Corporation within a period of less than one month. All these orders were booked through M/s. Gupta Pipes, Industrial Area, Dharampur, District Solan, who had been appointed as the booking agent by the H. P. Agro Industries Corporation on 25-10-1985 for the purpose of procuring the supply orders from various indenting officers. The H. P. Agro Industries Corporation, vide its letter dated 6-11-1985 had intimated to all Conservators of Forest in Himachal Pradesh about the firm M/s. Gupta Pipes having been appointed as their authorised booking agent. They were also intimated that a representative of the said firm would be visiting their offices for collecting the necessary supply orders for and on behalf of the H. P. Agro Industries Corporation.
(3.) In the meanwhile, some of the local units manufacturing barbed wires submitted a complaint to the Minister of State for Forests complaining against the procurement of barbed wire by the forest department from the H. P. Agro Industries Corporation in violation of the normal procedure and without obtaining the requisite non-availability certificate from the Controller of Stores. It was also complained that the sources adopted by the H. P. Agro Industries Corporation for procuring the barbed wire for supply to the forest department were from the units located at Dharampur. This complaint was forwarded by the Minister to the accused in his capacity as Chief Conservator of Forests on 20-11-1985 for his comments. The Additional Controller of Stores on 26-11-1985 also took an objection to the purchases having been effected by the forest department from the H. P. Agro Industries Corporation without obtaining the requisite non-availability certificate from the Controller of Stores. It was also suggested that the supply orders already placed with the said Corporation may be cancelled forthwith. Some reports also appeared in the press alleging serious irregularities in the purchase of barbed wire by the forest department. Instructions were also issued by the State Government through its Secretary in the forest department to all the Conservator of Forests in Himachal Pradesh to cancel all the supply orders in respect of barbed wire/GI wire placed with the H. P. Agro Industries Corporation. Consequently, against the supply order of 1200 M.T. placed with H. P. Agro Industries Corporation, supply of only 17.64 M.T. was actually effected through the Corporation, before the cancellation could be intimated to the suppliers.;