RANJIT SINGH, J. - (1.) THE petitioner, who is 72 years old, has filed this petition for quashing of FIR No. 62, dated 25.11.2001, registered under Sections 13(1) read with 13(2) of the Prevention of Corruption Act, 1988 read with Section 120-B IPC.
(2.) THE petitioner, who retired from service on 31.8.1994, has been saddled with criminal liability for something which he allegedly did during his service period between the years 1991 and 1993. At the time of retirement, the petitioner was never made aware that there was some allegation standing against him. He must have learnt to his shock, when after over 7 years of his retirement, he was named in the present FIR. The Investigating agency has not been very kind to him even subsequent thereto. They nearly took five years to present the challan in this case, which was done on 6.11.2006. Thereafter charge was framed against the petitioner on 15.10.2007. The petitioner has, thus, filed this petition for quashing of the FIR on the ground that delay in itself would be so fatal and would come to his rescue being violative of fundamental right of life and liberty contained in Article 21 of the Constitution of India. The facts, as can be discerned from the FIR, Annexure P-4, are that PWD Department, had purchased HDPE pipes for supply of water between years 1991 to 1993. These pipes were supplied to 10 villages of District Hoshiarpur for enabling water supply and were valued at Rs. 29 lacs. The scheme of water supply had been named as 'Nanda Dher Water Supply Scheme'. These pipes were inspected by Directorate of Inspection, New Delhi. The consignee, PWD Department, Punjab, did not inspect the pipes. The payment for purchase of these pipes were made. It is alleged that the pipes starting leaking after sometime of the purchase and these were found to be of sub-standard. The details of the HDPE pipes purchased between the years 1991 and 1993 were statedly of 63 mm and 50 mm dimension. The responsibility of the quality of these pipes, as per the allegation, rested with Directorate of Inspection, New Delhi. These pipes were purchased from M/s Himalayan Pipe Industry, Raipur Solan and M/s Chemi Plastic Industry, Parwanoo, Himachal Pradesh. It is alleged that owners of these firms colluded with Assistant Inspectorate Officers from Directorate of Inspection, New Delhi i.e. Petitioner and one Sh. Dubey.
(3.) ALLEGING fraud on the part of these persons and the fact that even employees of PWD Department had also connived with them, the present FIR was lodged by the Vigilance Department. It is accordingly alleged that action of the petitioner and his co-accused had caused loss to the Government and, thus, they are blamed for offences under Sections 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act read with Section 120B IPC.;