VIJAY BISHNOI, J. - (1.) THIS criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner with a prayer that the directions issued by learned Special Judge (Anti Corruption Cases), Jodhpur (hereinafter referred to as 'the trial court'), in para No.54 of judgment dated 29.9.2008 passed in Criminal Regular Case No.24/2004, regarding initiation of disciplinary proceedings against the petitioner may be expunged.
(2.) THE petitioner, who is Assistant Commercial Taxes Officer with the Commercial Taxes Department, was a witness to the trap proceedings conducted by the officers of the Anti Corruption Bureau Rajasthan in which the Medical Officer of State Employees Insurance Hospital, Falna was caught red handed while accepting bribe from one person for giving sickness certificate to him.
(3.) IN connection with the said incident, the Anti Corruption Bureau registered the FIR No.268/2002 at ACB Chowki, Sirohi against the accused and thereafter filed charge sheet against him for the offences punishable under ''referred to as 'the Act of 1988'). The accused person was put to trial and later on vide judgment dated 29.9.2008 the trial court has convicted and sentenced him. In the trial against the accused, the petitioner was examined as PW -7. His statements were recorded on 24.3.2008 and at the request of the Assistant Public Prosecutor, he was declared hostile and thereafter he was cross -examined by the Assistant Public Prosecutor as well as counsel for the accused. The trial court, while delivering the judgment dated 29.9.2008, in para No.54 has observed that as the petitioner (PW -7) and one another person viz. Ashok Kumar Mathur (PW -8), being public servants, have turned hostile, the respective departments in which they are serving should be asked to initiate disciplinary proceedings against them.;