- (1.) D. K. Trivedi, J. By means of these two writ petitions the petitioners have prayed for quashing of the order of cognizance as well as the proceedings pending against the petitioners in Special Case No. 3 of 198) in the court of IV Addl. Sessions Judge, Hardoi under Section 5 (1) and 5 (2) of the Prevention of Corruption Act.
(2.) THE petitioner Har Prasad Srivastava was Asstt. Accountant in U. P. S. E. B. office at Hardoi and the petitioner Radhey Shyam Roy was the Accountant in U. P. S. E. B, office at Hardoi. In 1976, the Government directed initiation of open enquiry against several electricity divisions and in compliance of the said order, open enquiry was conducted in which petitioners were found involved in embezzlement alongwith other persons including Krishna Singh Taragi, who was the main accused. On 11-4-1979 the Board accorded the sanction for prosecution of the petitioners as well as other persons. In December, 1983 the State Government issued a G. O. directing that the old cases in which an amount of less than Rs. 20,000 is involved, be dropped if the persons involved deposit the amount and after departmental enquiry the Board took a decision for withdrawal of the cases. In compliance, of the said G O. the Board took a decision and fixed liability of the petitioner Har Prasad Srivastava to the tune of Rs. 16162 80 vide Annexure-A 1 j and Radhey Shyam to the tune of Rs. 543. 3. 38. The petitioner Har Prasad Srivastava in compliance of the said decision deposited the amount, on 8-5-1989 and Radhey Shyam Roy deposited the said money on 6-5-1989. After deposit of the said money, the Board vide its letter dated 10-5-1989 contained in Annexure-3, sent to Secretary, State of U. P. , requested the Government to drop the proceedings against the petitioners as they have already deposited the amount in compliance of the said G. O. and its copy was also sent to S. P. Vigilance. Again, the Board vide office Memo, dated June 15, 1989, contained in Annexure-2, informed the petitioners that as the money has already been deposited by them in compliance of the said G. O. , hence the cases are dropped against them with a warning that in future they will be careful in purcuase of the store goods.
(3.) IT appears that in spite of all these proceedings a charge-sheet has been submitted by the vigilance department on 26-10-1989 an J therefore, the petitioners have filed the above mentioned writ petitions praying for quashing of the said charge-sheet as well as the proceedings on the ground that the charge- sheet has wrongly been submitted and in fact she petitioners in compliance of the said order have already deposited the money and their cases have been dropped by the Board, hence vigilance department has no right to proceed with the said prosecution. In the instant case, it is not disputed that the incident is of the year 3 970 and the enquiry was conducted in 1976. The petitioners were employed in U. P. S. E. B. and now Har Prasad Srivastava has been retired from service. From the perusal of Annexure-A-15 it appears that Sri Taragi was the main accused as Sri Taragi had placed the orders as well as made the payments. The petitioners were working under Sri Taragi and looking into the facts that the petitioners have already suffered mental agony for the last about 17 years, in our opinion, no useful purpose would be served in continuance of their prosecution especially when the State has already issued a G. O. taking a lenient view and in compliance of the said G. O. the Board has dropped their cases.;