- (1.) WE may at the very out set state that the learned Additional Government Advocate, Mr. N L. Pareek, had requested and also tried to persuade this Court for grant of time to file reply but as sufficient time has already been given to the learned Additional Government Advocate to file reply and that apart looking to the nature of controversy, filing of the reply is hardly going to make any difference in the ultimate decision of the case, we, therefore, do not grant any more time to the Additional Government Advocate to file reply and proceed to dispose of this petition.
(2.) LATE Shri Raghunandan Lal Bhatnagar was posted as Office Superintendent in the Office of the Chief Medical and Health Officer, M.B.S. Hospital, Kota. It appears that while he was working as such a trap was laid on 18th Dec, 1973, by the Additional Superintendent of Police, Anti -Corruption Department, Kota and a sum of Rs. 50/ - said to be the tainted money, recovered from the possession of Late Shri Bhatnagar. A case under Section 161, IPC as well as under Section 5(1)(d)(2) of the Prevention of Corruption Act, 1947, was registered against Late Shri Raghunandan Lal Bhatnagar, and he was arrested on December 18, 1973. He was tried by the learned Special Judge, ACD Cases, Jaipur under his judgment dated October 22, 1977, the Judge found Late Shri Ragbunandan Lal Bhatnagar guilty under Section 161, IPC as well as under Section 5(1) (d) (2) of the Prevention of Corruption Act, 1947. The said Bhatnagar was sentenced to various imprisonments He filed an appeal against the aforesaid judgment and learned Single Judge of this Court under judgment dated September 14, 1988 in S. B. Criminal Appeal No. 362/1977 allowed the appeal, set aside the judgment of the learned Special Judge, A.C.D. Cases, Jaipur and acquitted the accused Shri Bhatnagar honourably. The court said: So, this all is a concocted story that Labhchand wanted to avail privilege leave, and for that purpose, his service -book was to be completed.... So it is clear that the file was planted there by some one, with some ulterior motive, and recovery thereof was made in presence of Akhilchand PW 5, the establishment -clerk. The Court further said: In the result, this appeal is accepted. The accused -appellant having not been found guilty either of offence under Section 161, IPC or under Section 5(1)(d)(2) of the Prevention of Corruption Act, is here by acquitted of the said charges.
(3.) IT is clear from the aforesaid judgment of this Court that the entire case against the deceased Shri Raghunandan Lal Bhatnagar was found to be concocted and false.;