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1999 Supreme(SC) 1284

M.B.SHAH, K.T.THOMAS
State Of Maharashtra – Appellant
Versus
Keshav Ramchandra Pangare – Respondent


JUDGMENT

Shah, J.-Leave granted.

2. Respondent No. 1 was serving as Deputy Engineer, P.W.D. in the State of Maharashtra. On 13th October, 1990, a charge sheet No. 247 of 1990 was filed against the respondent and several other officers of the Department before the Special Court, Satara, and the case was numbered as Special Case No. 5 of 1990. Respondent retired on 31st December 1987 as Deputy Engineer. Necessary sanction for prosecuting the respondent for the offences punishable under Sections 120-B, 406, 420, 465, 466, 467, 468, 471, 477 and 109 of the IPC and Section 5(1)(c)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947 was obtained. The judge of the special court took cognizance of the offences and issued process against the respondent.

3. Thereafter the respondent filed Criminal Writ Petition No. 484 of 1991 before the High Court of Judicature at Bombay for quashing the criminal proceedings on the ground that the complaint was filed beyond the period of four years from the date of the commission of the offence and therefore, it was barred by Rule 27(3) of the Maharashtra Civil Service (Pension) Rules, 1982 (hereinafter referred to as "the Pension Rules"). The




























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