VINOD K.SHARMA, J. - (1.) THIS is a petition under Section 482 of the Code of Criminal Procedure (for short the Code) for quashing of FIR No.20 dated 14.10.2003 under Sections 7 and 13 of the Prevention of Corruption Act, (for short the Act) registered at police station State Vigilance Bureau Hissar, (Annexure P.1) and the order dated 28.10.2005 (Annexure P.3) and further proceedings taken thereon.
(2.) THE ground on which quashing is sought is that where once the competent authority has rejected the application of the prosecution to grant sanction to prosecute a public servant the same can not be reviewed by a subsequent order. On 10.3.2005, the competent authority declined the sanction by passing the following order :- " Sh.Bhagwan Dass, Steno-typist in the office of Deputy Director Agriculture, Hissar was arrested on 14.8.2003 by a team of State Vigilance Bureau (H), Hissar, for taking bribe of Rs. 4000/- from Sh. Mahabir Parsad son of Sh. Ram Chander Verma, Beej Bhandar, Adampur (Hissar) and FIR No. 20 dated 14.8.2003, U/s 7/13/49/88 of Prevention of Corruption Act, 1988 was registered against him at the police station, Vigilance Bureau, Hissar. Vide orders dated 23.8.2003 of the learned Special Judge, Hissar, Sh.Bhagwan Dass Steno typist was released on bail. In connection with his said arrest, Sh.Bhagwan Dass Steno-typist vide his application dated 14.10.2003 intimated the office that complainant Sh.Mahabir Parsad s/o Sh.Ram Chander, Mandi Adampur had implicated him falsely in the Vigilance case because on 14.8.2003, in between 4.00 and 4.30 p.m., Sh. Sushil Kumar TA and Sh. Krishana Chand Clerk were also present in his cabin. The superintendent of Police, State Vigilance Bureau, Hissar vide his letter No.2352 dated 20.10.2003/30.12.2003 had requested for grant of necessary permission to put up the challan in the court and to launch prosecution against Sh. Bhagwan Dass, Steno-typist in the office of Deputy Director Agriculture, Hissar in case (FIR) No.20 dated 14.8.2003 U/s 7, 13, 49 PC Act, 1988, PS State Vigilance Bureau, Hissar. Before the requisite permission was granted to prosecute Sh.Bhagwan Dass steno-Typist, the undersigned deemed it appropriate to conduct an enquiry in the matter. Accordingly, vide department's letter No.1030/Local-3(1) dated 14.1.2001, Sh.Manohar Lal, Administrative Officer was deputed to conduct a discreet enquiry in the matter. The Enquiry Officer has submitted his enquiry report on 12.3.2004. In his enquiry report, the Enquiry Officer has mentioned that the complainant Sh. Mahabir Parsad s/o Sh. Ram Chander, Mandi Adampur (Hissar) has made a statement in connection with the arrest of Sh. Bhagwan Dass Steno-typist of the office of Deputy Director Agriculture, Hissar, that he (Mahabir Parsad) runs a shop of pesticides and Seeds in the name and style of Verma Beej Bhandar, at Mandi Adampur (Hissar) and his younger brother Sant Lal is Proprietor of said shop. The validity of licences issued by the Agriculture Department in this regard were expired on 31.3.2003 and 31.12.2003. In order to get the said licences renewed, he paid repeated visits to the Agriculture Department, Hissar. Sh.Bhagwan Dass, Steno typist had demanded Rs.2000/- from him for the said purpose, but he did not give him. On 26.7.2003, the Deputy Director Agriculture, Hissar along with Sh.R.D.Chauhan, Assistant Plants Protection Officer, Hissar and Sh.Bhawan Dass Steno-typist and a peon raided at his shop and had taken along some pesticides of the value of about Rs. 20/25 thousands. At that time, he was not present in the shop. Sh.R.D.Chauhan, APPO had also misbehaved his father. After two days, when he met Sh. R.D. Chauhan, APPO Hisar in his office, then he (Sh. R.D. Chauhan) demanded Rs. 10000/-, which were not available with him at that time. On 13.8.2003, it was settled between him and Sh. R.D. Chauhan that on the next day i.e. on 14.8.2003, he would give Rs. 5000/- to Shri Bhagwan Dass, Steno-typist and then his pesticides would be returned back to him and also renewed the said licence. On 14.8.2003, accordingly it was decided to give Rs. 4000/- on that day to Sh. Bhagwan Dass Steno typist and Rs. 1000/- later on. But before giving the said money as bribe, he had made a complaint against Sh. R.D. Chauhan, APPO in that regard in the office of State Vigilance Bureau, Hisar. On 14.8.2003, a team of State Vigilance Bureau Hisar had given Rs. 4000/- to Sh. Bhagwan Dass, Steno typist for giving the same to Sh. R.D. Chauhan and at the same time the said team took Sh. Bhagwan Dass, Steno typist in their custody. The complainant in his statement has also admitted that he has been running his shop by getting licence, some times in the name and style of Verma Beej Bhandar and sometimes as Sonu Beej Bhandar and some times as Hindustan Seed Company. The complainant has further admitted that in the year 2000 Shri R.D. Chauhan and Sh. Lal Chand Godara, APPO and Q.C.I. Hisar had taken away about 50-60 litres of a pesticide and had demanded Rs. 10000/- to return back the said pesticide. He had given Rs. 6000/- and get back only 40 ltr. pesticides, whereas they had kept 5-7 litres pesticide with them. The said Officers had filed a case in the Court of Sh. G.S. Wadhwa which is still pending. Apart from it, the Agriculture Department Hisar has also filed a case against him in the Court of Shri Parveen Goyal at Hisar for selling fake seeds and he was arrested in the said case and then released on bail. The said case is still pending. The Enquiry Officer has also recorded the statements of S/Sh. Bhagwan Dass, Steno-typist, Sushil Kumar, TA, R.D. Chauhan, APPO, Krishan Chand Clerk and Sh. Prithvi Singh Deputy Director Agriculture, which run as under :- Sh. Bhagwan Dass Steno-typist has stated in his statement that on 14.08.2003 at about 4.00 P.M., in the presence of S/Sh. Sushil Arora TA and Krishan Chauhan Clerk a team of State Vigilance Bureau, Hisar had taken him along to the Police Station without assigning any reason or any proceedings and after registering a false FIR against him for taking bribe he was arrested. At that time, Sh. Krishan Kumar Clerk had also accompanied him. That he had not taken any bribe from Sh. Mahavir Parsad because he was not capable to do his work. Neither he deals with the issuance of licences nor he is posted under Sh. R.D. Chauhan. On 13/14.8.2003, neither he met Sh. Mahabir Parsad (complainant) nor any conversation was held between them on telephone. Sh. Sushil Kumar, Technical Assistant in the office of Deputy Director Agriculture Hisar, stated in his statement that on 14.8.2003 between 4.00 PM and 4.30 PM, he was sitting in the cabin of Sh. Bhagwan Dass, Steno. A team of State Vigilance Bureau, Hisar took along Sh. Bhagwan Dass Steno without disclosing any reason/enquiry. He had not demanded any bribe from Sh. Mahabir Parsad ( complainant ) and nor any money was given to him by the complainant. Two complaints made by Sh. Mahabir Parsad (complainant) against the proprietor of Sonu Beej Bhandar, Mandi Adampur were received from the Deputy Commissioner, Hisar and a farmer, in which an enquiry was got conducted. Sh. R.D. Chauhan, APPO, Hisar has stated in his statement that a case was got registered on 21.11.01 against Sh. Mahabir Parsad (complainant) for selling pesticides unauthorisedly, which is still pending. Some farmers had also made a complaint against Sh. Mahabir Parsad ( complainant ) for fraud and he remained in custody for 14 days and then released on bail. A complaint is also pending against the complainant (Sh. Mahabir Parsad ) in the local Distt. Consumer Forum that he used to procure licence by changing the name of firm frequently. Sh. Krishan Chand, Clerk has stated that the State Vigilance Bureau, Hisar has falsely implicated Sh. Bhagwan Dass, Steno in case of corruption. Sh. Prithvi Singh, Deputy Director Agriculture, Hisar has stated in his statement that on 14.8.2003 he was present in his office. The team of State Vigilance Bureau, Hisar had not contacted him in any manner regarding arrest of Sh. Bhagwan Dass, Steno, whereas it was necessary to contact him being the head of office. Sh. Prithvi Singh, Deputy Director Agriculture, Hisar in his comments, has also stated that Sh. Mahabir Parsad s/o Sh. Ram Chander (complainant) had been misleading the department to run his business of pesticides and seeds unauthorisedly by changing the name of his firm frequently. A case is also pending against him in the Court for sale of pesticides and another case was filed by Rajender s/o Sher Raj in the Distt. Consumer Forum which is still pending. As such with a motive to put pressure on the department, and to malign the image of the department, the complainant has re-coursed to a false case, which is altogether baseless. The Deputy Director Agriculture, Hisar (Sh. Prithvi Singh) has further stated in his comments that Sh. Bhagwan Dass Steno has been working in their department since 21.7.1995. The said official is so conversant that he has full knowledge of all office work and entire confidential record has been rated as very good. As such, the complainant has concocted a false story to held him an accused. Sh. Prithvi Singh, Deputy Director Agriculture, Hisar, in his comments has also clarified under the provisions of Pesticides Act, 1968 and Rules of 1971 FCO 1985 and Seed Act 1966, he himself is competent to issue and renew licence for sale of Fertilizers Pesticides and Seeds. The Enquiry Officer has further mentioned that he has examined the matter thoroughly and has perused all relevant documents and records and gone through the statements of the witnesses, and the following points came to his notice :- "1. Sh. Mahabir Parsad has not specified in the FIR as to who had demanded Rs. 2000/- from him for renewal of his licence, whereas in his statement he has stated that Rs.2000/- were demanded by Sh. Bhagwan Dass Steno. 2. According to Mahabir Parsad, he came to the office to remit the late fees after 15-20 days of expiry of his licence ( i.e. 15-20 April, 2003 ) and when Sh. Bhagwan Dass Steno demanded Rs.2000/-, he did not make any oral or written complaint to any officer in the department, as is evident from his version. 3. As per version of Sh. Sushil Kumar Arora, Technical Assistant, he is dealing with the matters of issuance of licence for sale of seeds and not Sh. Bhagwan Dass, Steno. 4. Sh. Bhagwan Parsad has stated that he met Sh. Chauhan in connection with renewal of his licence 2-3 days prior to 14.8.2003, whereas, as per Sh. Chauhan, he had not met him and there was no necessity of meeting him because Sh. Chauhan, APPO has no concern with the issuance and renewal of licence for sale of Pesticides and Seeds, from the procedure explained by the Deputy Director Agriculture it is also clear that Sh. Chauhan, APPO has/ had no concern with the above said matter. 5. From the bill No. 253 dated 6.5.2003 ( which is in the name of Sh. Jagdish Chander) and bill No. 278 dated 30.5.2003 ( which is in the name of Shiv Kumar ) issued by M/s Sonu Beej Bhandar and produced by Sh. Sushil Kumar, Technical Assistant, it is clear that the aforesaid firm had continued its business even after the expiry of licence which is illegal. 6. On 2.9.2000 Sh. R.D. Chauhan, Assistant Plans Protection Officer had conducted a raid on the shop of Sh. Mahabir Parsad Proprietor of Sonu Beej Bhandar, Kranti Chowk, Adampur whereupon a case was filed in the Court of CJM, Hisar on 21.11.2001 for selling expired pesticides and the said case is fixed for evidence. In the said case, Sh. Mahabir Parsad was putting pressure on Sh. Chauhan, which the latter did not accepted. 7. On the complaint of Sh. Jagdish Chander s/o Sh. Mangtu Ram, resident of Kishangarh, a case of fraud was registered against Sh. Mahabir Parsad in the police station, Adampur and Sh. Mahabir Parsad remained in custody for 14 days and now he is on bail. He himself has admitted this fact. 8. Sh. Rajender s/o Sh. Sheo Raj Goyal, r/o village Siswal, Tehsil Adampur has also filed a case against Sh. Mahabir Parsad in the Distt. Consumer Forum, Hisar for selling fake pesticides, which is fixed for evidence. 9. As per comments of Deputy Director Agriculture Hisar the earlier licence No. 4/97 issued to Sh. Mahabir Parsad in the name of Sonu Beej Bhandar, Kranti Chowk, Adampur was expired on 31.12.2000. After that he changed the name of his firm as Verma Beej Bhandar, Bhadra Road, Adampur on 3.8.2001 and got a licence ( of pesticides ) which was valid up to 31.12.2002 but even after the issuance of request letter dated 4.3.2003 by the office of deputy Director Agriculture, Hisar, he did not get it renewed and same was expired on 31.12.2002. Now, Sh. Mahabir Parsad has changed the name of his firm the proprietor of which is Sh. Jagar Singh s/o Sh. Manphool Singh Siswal (Bhiwai) and has got licence in the name of firm as M/s Hindustan Seed Company. From the aforementioned position, it appears that the complaint made by Sh. Mahabir Parsad s/o Sh. Ram Chander, Mandi Adampur against Sh. R.D. Chauhan, Assistant Plants Protection Officer, Hisar, a result of FIR, which was got registered against him for selling expired pesticides illegally and other complaints made against him. It is also clear from the various cases filed against the complainant that he is not honest in his profession because he continued selling pesticides etc. even after the expiry of validity of his licence. In the end, the Enquiry Officer has concluded that from the procedure explained by the Deputy Director Agriculture, Hisar regarding issuance and renewal of licence for sale of fertilizers, Seeds and Pesticides, Sh. R.D. Chauhan, Assistant Plants Protection Officer, Hissar had no concern with the matter of complainant and nor he was competent to render any help to the complainant, rather the Deputy Director Agriculture, Hissar himself was competent Authority under the rules for renewal of his licence. In these circumstances, it appears unbelievable of demanding any bribe by Sh. Bhagwan Dass Steno from the complainant in the name of Sh.R.D.Chauhan Assistant Plants Protection Officer, Hissar and giving any bribe in that regard by the complainant. The complaint being frustrated from the cases pending against him and out of revenge against the officers/officials of the office of Agriculture Department, Hissar has resorted to his aforementioned act through the State Vigilance Bureau, Hissar. It is crystal clear that the act of Sh.Mahabir Parsad son of Sh. Ram Chander, resident of Adampur is merely an act of trickery, because he had a deceive attitude towards the department and farmers. Apart from it, in the FIR, the name of Mahabir Parsad has been mentioned whereas in the request letter sent by the State Vigilance Bureau, Hisar for grant of sanction for prosecution, name of Sh. Jagar Singh has been mentioned. In view of the narrated facts, the allegation of taking bribe does not prove. I have gone through all facts relating to the matter and perused the Enquiry Report thoroughly submitted by Sh. Manohar Lal, Administrative Officer and it has been revealed that keeping in view the report of Enquiry Officer, it would not be appropriate to prosecute against Sh. Bhagwan Dass Steno. Therefore, the request made by the Supdt. of Police, State Vigilance Bureau, Hissar for grant of sanction to prosecute against Sh.Bhagwan Dass Steno is rejected."
(3.) HOWEVER , subsequently, by way of order dated 28.10.2005 the competent authority was pleased to grant sanction by passing the following order :- "Where from the investigation of case FIR No. 20 dated 14.8.2003 under section 7 and 13 of Prevention of Corruption Act, 1988 Police Station, State Vigilance Bureau Hisar, it has been revealed that Mr.Bhagwan Dass, Steno was posted in the office of Deputy Director of Agriculture, Hisar and was the dealing hand with regard to work of Insecticides Licence, Hindi Typing and Court cases. On 14.8.2003, Mr.Bhagwan Dass accepted Rs. 4000/- from Mr. Mahabir Parshad s/o Ram Chander resident of Shiv Colony, Mandi Adampur for preparing the Insecticides Licence of Mahabir Parshad which was applied by his Munim namely Jagir Singh S/o Sh. Manphool Singh. This amount was allegedly demanded by Shri Rameshwar Dass APPO, Hisar and he asked to pay the amount to Mr. Bhagwan Dass, Steno. Currency Notes amounting to Rs. 4000/- were recovered from the possession of Mr. Bhagwan Dass, steno as per the recovery memo prepared by Mr. Ram Sarup, DSP, State Vigilance Bureau, Hisar Range, Hisar in the presence of Mr.Dharampal Panu, Tehsildar, Hisar. The said act of Bhagwan Dass is punishable under Section 7 and 13 of PC Act, 1988 because he accepted this amount as illegal gratification other than legal remuneration as a motive or reward for showing a favour to him in the discharge of his official duties by illegal and corrupt means or otherwise abusing his position as a public servant. After carefully, examining the material placed before me i.e. Challan papers, Police file and other documents of the case of the said F.I.R. I am satisfied that there is prima facie case made out against Mr. Bhagwan Dass, Steno for criminally prosecuting him for committing a cognizable offence under section 7 and 13 of PC Act 1988 or any other offence or which he may found guilty. Therefore, I, R.K. Khullar, IAS, Director of Agriculture, Haryana being competent authority to remove the above said accused Mr. Bhagwan Dass, Steno, DDA Office, Hisar from Service do hereby accord the requisite sanction under section 19 of the Prevention of Corruption Act, 1988 for prosecution of the said Bhagwan Dass Steno for offences under section 7 and 13 of PC Act and any other offence of which he may found guilty. I am also satisfied that the launching prosecution against the above is necessary in the public interest." ;