S.S.GREWAL,J - (1.) AMARJIT Singh Dhingra petitioner, Executive Engineer, Capital Project Division No. 4, Union Territory, Chandigarh, has moved this petition under Section 482 of the Code of Criminal Procedure, read with Appeal No. 99 registered against him on 15.4.1977 at Police Station City, Hoshiarpur, under Section 5(2)(47) of the Prevention of Corruption Act, read with Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code and, the resultant proceedings taken thereunder.
(2.) ACCORDING to the allegations in the first information report, the petitioner had signed the order for the payment of three vouchers amounting to Rs. 3994/- in the year 1973 for the supply of Bajri and fuel wood, to Pritam Singh contractor for construction of road from Adampur to Hoshiarpur, and, all the aforesaid three vouchers were prepared by his co-accused Avtar Singh, Junior Engineer in the same Project. In the reply filed by the State, however, it has been mentioned that competent authority was moved in the year 1979 to accord sanction for the prosecution, but, no such sanction has been obtained. It was further admitted that in the year 1979, the Secretary to the Government Punjab, P.W.D. (B&R), vide his Memo No. 10/21/79-BR (6) 2958/4919 dated 19.5.1979 declined to accord sanction for the prosecution on the petitioner, and, further recommended that the petitioner, as well as, other employees in the case be dealt with departmentally.
(3.) IT was contended that the allegations in the first information report related to the year 1973, whereas the first information report was registered on 15.4.1977 and no challan has been presented against the petitioner on the basis of the said report in the Court, as such sub-rule (3) of Rule 2.2. of the Punjab Civil Services Rules, Vol. II, is a complete bar for the institution of judicial proceedings on the basis of the first information report in respect of the allegations, which relate to period exceeding four years. Reliance in this respect has rightly been placed on the Single Bench Authority of this Court State of Punjab v. Sain Dass and others, 1988(2) Recent Criminal Reports 564 : 1988 Chandigarh Criminal Cases 547, where, dealing with the quashment of proceedings under Section 5(2) (47) of the Prevention of Corruption Act and under Sections 409, 420, 467, 468, 471 and 120-B of the Indian Penal Code, brother A.L. Bahri, J. held as under :- "Rule 2.2. applied to departmental as well as judicial proceedings, civil or criminal, which is clear from the explanation attached to the rule itself. Sub-rule (3) of Rule 202 is a complete bar for institution of judicial proceedings in respect of a cause of action which arose on an event which took place more than four years before such institution." ;