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PETITIONER: STATE OF PUNJAB

       Vs.

RESPONDENT: MANINDER SINGH

DATE OF JUDGMENT:       19/08/1996

BENCH: K. RAMASWAMY, G.B.PATTANAIK

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      It is  astonishing and  we are  aghast to find that the State  Government  legitimised  corruption  and  decided  to shield the  officers who  have committed misappropriation of public funds  to the  tune of  Rs.1.61 crores  as culled out during investigation. It is obvious from the record that the Government wants to hide the persons and shield the officers responsible for  committing misappropriation.  This petition was filed  against the  order of the High Court quashing the F.I.R. filed  against the  respondent. The  High Court based its conclusion on a noting made by an officer that no action was needed.  The order  of the High Court is contrary to the fundamental principles of criminal law and the settled legal position. When  notice was  issued, the  action of the State Government compounded  the flagrant  miscarriage of justice. But when  we  have  pointed  out  to  the  counsel  for  the petitioner as to whether the charge-sheet has been filed and directed them  to produce  the  charge-sheet  and  statement under Section  161, Cr.P.C.  from November  30, 1995 despite adjournment of  the case  time and  again to produce charge- sheet filed  in the  trial Court, they failed to produce the same. So  sensing some  foul play  somewhere, by order dated April 4,  1996, this  court directed  the Chief Secretary to have an  enquiry conducted  in this  behalf and  to submit a report. In  response thereto,  pat came  on the  back to the accused and  from the  record it  would be  clear  that  the charge-sheet, though  was prepared  by  the  officer,  after thorough investigation,  the same  did not breath life since the Government  did take  a decision not to proceed with the matter. Therefore,  the decks  have been cleared in the case for the  corrupt officers, who had swindled the public money and misappropriated  it, to  escape from  clutches  of  law. Counsel for the State states before us that he does not want to proceed  with the  matter as  per the instructions of the Government.      The petition  is  accordingly  dismissed.  However,  we record our  deep  anguish  and  strong  disapproval  of  the conduct of  the Government in shielding corrupt officers who committed  misappropriation   of  public  funds  from  being prosecuted and punished according to law.

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