Poonam Srivastava, J. - (1.) Heard Sri Raj Kumar Khanna, learned counsel for the applicant and learned A.G.A. for the State
(2.) This application has been filed for quashing the proceedings in case No. 1626 of 1998 pending in the court of Vth A.C.J. M., Moradabad, under Section 409 I.P.C. Police Station Chhajlet, District Moradabad. This application was moved in the year 1999 but there was no interim order staying further proceeding in case No. 1626 of 1998.
(3.) The facts giving rise to the dispute is that the applicant was posted as Managing Director Kisan Sewa Sahkari Samiti Limited Lakhauri, Jalalpur, Block Sambhal, District Moradabad. The applicant was appointed as Secretary of the Co-operative Society and was posted at Fatehpur Bisnoi Kisan Sewa Sahkari Samiti in the year 1981. Thereafter he was transferred to Sadhan Sahkari Samiti Muda Pandey, District Moradabad. A first information report was lodged against the applicant on 4.1.1985 at case Crime No. 395 of 1985, under Section 409 I.P.C. Police Station Chhajlet, District Moradabad regarding an embezzlement pertaining to the year 1980-81. The first information report has been annexed as Annexure-1 to the affidavit. The applicant was suspended from service. 18 charges were levelled against the applicant in the departmental inquiry. The inquiry ended into and an order of termination of the applicant 2 passed on 9.9.1985. The applicant preferred an appeal before the Regional Administrative Committee under Regulation 60 of U.P. Preliminary Agricultural Co-operative Society, Centralized Service Regulation, 1978. The objection on behalf of the applicant was that the inquiry officer, who had conducted the departmental inquiry, was one and the same person who is complainant in the first information report. The departmental appeal was allowed and termination order was set aside. The case was remanded for reconsideration of the charges within a period of three months vide order dated 1.1.1986. A copy of the order has been annexed as Annexure-3 to the affidavit. The termination of the applicant has been set aside by virtue of an order dated 26.4.1986. At the time of filing of this application, the applicant was serving the department. It is submitted on behalf of the applicant that on the same charges, the first information report was being inquired and investigated and charge sheet has been filed. The main ground for challenging the charge sheet dated 5.8.1991 is that the incident had taken place 18 years before and the prosecution of the applicant is pending since last 14 years in the court of Vth A.C.J.M., Moradabad. The applicant has 2 retired on 23.1.2000. Only submission of the counsel is that the criminal proceedings are liable to be quashed on the ground of delay.;