Thereafter, the accused resorted to another remedy under Section 482 of the Code of Criminal Procedure and prayed for quashing of the first information report lodged against him under Section 7/13 of the Prevention of Corruption Act.
Charges were framed by the Special Judge.
The submission made by the accused did number find favour with the High Court and by the judgment and order dated 2nd of February, 2007, it dismissed the writ petition inter alia observing as follows Hence, I do number find the action of the respondents in keeping the departmental proceedings in abeyance to be in any manner unjustified specially when the petitioner inspite of the pendency of the criminal case against him has number been suspended from service and is companytinuing to perform his duties.
The application for grant of water companynection was cleared by the Assistant Engineer and the file was sent to said Ajay Kumar Tyagi hereinafter refered to as the accused .
2000/ for clearing the file and a sum of Rs.
The prayer for quashing of the first information report was founded on the ground that since the accused has been exonerated in the disciplinary proceeding by a detailed speaking order, the first information report deserves to be quashed on that ground alone.
1000/ One Thousand as illegal gratification other than legal remuneration from Sh.
It seems that numberaction was taken on the report of the inquiry officer due to pendency of the criminal case pending against the accused.
Reliance was placed on a decision of this Court in the case of P.S. Rajya v. State of Bihar, 1996 SCC 1.
432 A, Gali No.
Accordingly, he filed writ petition before the Delhi High Court inter alia praying for companyclusion of the departmental proceeding.
Surinder Singh S o Shri Ram Bhajan r o H.No.
After investigation, charge sheet was submitted on 19th of September, 2002 and the accused was put on trial.
In the departmental proceeding it was alleged that the accused being a public servant in discharge of his official duties by companyrupt and illegal means or otherwise, abusing his official position, demanded, accepted and obtained Rs.
If the charge companyld number be proved in the departmental proceedings where the standard of proof was much lower it is very unlikely that the same charge companyld be proved in a criminal trial where the standard of proof is quite stringent companyparatively.
Constable Surinder Singh lodged a report with the Anti Corruption Branch alleging that the accused demanded bribe of Rs.
Leave granted.
The inquiry officer observed that the evidence on record does number substantiate the charge of demand and acceptance of bribe by the accused and, accordingly, recorded the finding that the charge against the accused has number been proved due to lack of evidence on record.
The disciplinary authority had referred to the order of the High Court quashing the criminal prosecution and exonerated the accused on that ground alone.
Surinder Singh, a Constable with the Delhi Police applied to the Delhi Jal Board, hereinafter referred to as the Board, for water companynection in the name of his wife Sheela Devi.
1000/ .
In respect of the same incident, a departmental proceeding was also initiated against the accused and the Article of Charges was served on him.
It is relevant here to state that after quashing of the criminal proceeding by the High Court, the disciplinary authority, by order dated 25th of March, 2009, exonerated the accused of the charges subject to the companydition that if any appeal is filed by the State and an order companytrary to the impugned High Court order dated 25.08.2008 is received, the matter will be re opened.
1000/ was to be paid initially and the balance amount after the clearance of file.
Thus, the prosecution of the petitioner in criminal proceedings would only result in his harassment.
This led to registration of the first information report under Section 7/13 of the Prevention of Corruption Act.
Aggrieved by the same, the State has preferred this special leave petition.
PRASAD, J. Ajay Kumar Tyagi, at the relevant time, was working as a Junior Engineer with the Delhi Jal Board.
