- (1.) In this Rule, the petitioner prays for a Writ in the nature of Mandamus commanding the respondents not to proceed with any further investigation against the petitioner with regard to the alleged offence under the Prevention of Corruption Act, 1947.
(2.) Petitioner joined the Customs Department in the year 1946. He however, resigned from the said post with effect from 26th March, 1973. Some Police Officers of the Central Bureau of Investigation, Special Police Establishment, Delhi searched the petitioner's house on 5th March, 1973. A search warrant was issued by the Subordinate Magistrate, Sadar, Alipur. The said Police Officer seized certain papers and documents from the ground floor of premises No.22/26, Manoharpukur Road, Calcutta-29. After the aforesaid searches, the petitioner tendered a letter of resignation on 24th March, 1973, requesting to make it effective from 26th March, 1973. The said resignation was not, however, accepted by the authorities concerned. It is alleged by the petitioner that the entire actions of the respondents and the officers of the Special Police Establishment in carrying on the investigation and searching the petitioner's premises, office and in seizing the documents and other papers are illegal and without any authority of law. The petitioner being aggrieved by the said investigation moved this Court in an application under Article 226 of the Constitution and obtained the present Rule.
(3.) Mr. Somen Bose, appearing on behalf of the petitioner, contended that the petitioner having resigned on and from 26th March, 1973, no charge under Section 5(2) of the Prevention of Corruption Act, 1947, could be framed against the petitioner and as such, investigation regarding the aforesaid offence was not only without jurisdiction but also malafide in character.;