JUDGMENT

OJHA, J. :— These appeals raise an identical question of law and can conveniently be decided by a common order. Kailash Nath, respondent in Criminal Appeal No. 422/88, was working as Executive Engineer in Public Works Department in the State of Punjab in the year 1979. On various dates in that year, he placed orders for the purchase of sign boards which were required by the Department to avoid accidents on roads and for traffic safety. The requisite sign boards were purchased in pursuance of the aforementioned orders. In the year 1980 some complaints were received in the Department against the respondent pertaining to the purchase of the sign-boards. A vigilance enquiry was instituted by the Vigilance Bureau to enquire into the complaints and ultimately a First Information Report was lodged on August 27, 1985 against the respondent under sub-secs. (1) and (2) of S. 5 of the Prevention of Corruption Act. In the meantime, the respondent had retired from the post of Executive Engineer with effect from October 31, 1982.

2. The aforesaid First Information Report was challenged by the respondent in the High Court of Punjab and Haryana in Criminal Miscellaneous No. 5837-M/85 on th