JUDGMENT

Surinder Singh, J. - This petition under section 482 of the Code of Criminal Procedure, has been filed by B.R. Bajaj, petitioner, against the Union of India and others, respondents, with a prayer for the quashing of the First Information Report No. 8, dated March 11, 1986, registered against the petitioner and some others at the instance of Superintendent of Police, Delhi Special Police Establishment, Chandigarh, for the alleged offences under section 120-B. read with 418,468, Indian Penal Code and Section 5(2) of the Prevention of Corruption Act, and sections 418, 468, Indian Penal Code and section 5(2) read with section 5(1)(d) of the Prevention of Corruption Act.

2. The salient features of the petition are those. The petitioner who belongs to the cadre of Indian Administrative Service was, at the time of the filing of the petition, posted 15 Finance Secretary, Chandigarh Administration. He is a young officer with 16 years service and an excellent record. It is stated that he had been issued letters of appreciation by the Government for his conduct and performance which had been consistently of high order. According to the petitioner, the impugned First Information Report accusing him of various offence is deliberate attempt to malign humiliate and harass' him at the threshold of his career. It is further stated that respondent No. 5 (at whose instance the First Information Report had been registered) could not get possession of a Government house in spite of an allotment order in his favour and the said respondent had, therefore, framed a false, case against the petitioner. Another averment is that M/s. V. Kumar Lotterywala whose tender was rejected, happens to be an ex-employee of the C.B.I., and the petitioner believes that a false case has been registered at his instance.

3. Certain facts in regard to the controversy in the matter have been mentioned. These facts are so varied that it is not possible to concise them, and the only course is to reproduce them in extenso as contained in para 3 of the petition:

"(i) That in the Union Territory of Chandigarh, there has been set up a Council called the Indian Council for Child Welfare, Chandigarh. The following are the office-bearers of the said Council:

(a) The President (Ex-officio), Chief Commissioner, Union Territory, Chandigarh (Mr. K. Banarji);

(b) Vice President (Ex-Officio) Finance Secretary, Union Territory (B.R. Bajaj, Petitioner).

(c) The Honorary General Secretary, Mrs. S. Roy, Principal, Mehar Chand Mahajan College for women, Sector 34, Chandigarh.

(d) The Treasurer, Mrs. Usha Suri, w/o Shri L.M. Suri, Senior Advocate, High Court, Chandigarh.

(e) Mrs. K. Kaushik, Organizing Secretary.

(ii) That the above said Council is a Society registered under the Registration of Societies Act, 1860 and according to the Constitution of the Society, it is a welfare organization devoted to the upliftment of children.

(iii) That on April 23, 1985, the Council sought permission of the Chandigarh Administration to float a lottery in order to raise funds for opening a rehabilitation centre for handicapped children. A copy of the application is attached herewith as Annexure P-2. The permission sought was granted on July 10, 1985. A copy of the letter is appended herewith as Annexure P-3. (It is submitted that while processing the case for the grant of permission, the Petitioner in his capacity as Finance Secretary and the Chief Commissioner are presumed to have dealt with the case in their official capacity as public servants)

(iv) That in the month of August, 1985, tenders for a lottery were invited by the Council and the same were opened by a Tender Committee of the Council on 29th August, 1985. (It is noteworthy that the Petitioner is not alleged to be a Member of the Tender-Committee). The Honorary General Secretary is alleged to have sent its recommendations to the Petitioner (in his capacity as ex-officio Vice President) vide note dated August 30, 1985 and in th