J. K. Mehra, J. (Oral)

( 1 ) IN this petitioner and in the connected Revision No. 164/97, National Capital Territory of Delhi and Central Bureau of Investigation respectively have challenged the same order passed by the Special Judge in C. C. No. 91/96 dated 7. 12. 1996 quashing criminal proceedings against the respondent in RC 16 (A)/92-DLI under Sections 120b, 409 Indian Penal Code and 13 (2) read with Section 13 (1) (d) of the Prevention of Corruption Act, 1988.

( 2 ) IN brief, the facts of the case are as under:- The respondent who is a member of Delhi Higher Judicial Service held the post of Secretary, Law and Judicial, National Capital Territory of Delhi till 28. 2. 1990 and was also appointed, inter-alia, as Administrator General under Section 3 of the Administrator General Act, 1963. The Deputy Administrator General was supposed to assist the Administrator General. After affording repeated opportunities to Mr. Kazim Ali Khan for handing over the charge, he failed to hand over the charge and consequently, a case bearing RC 16 (A)/92-DLI dated 31. 3. 1992 under Sections 120b, 409 Indian Penal Code and 13 (2) read with Section 13 (1) (d) of the Prevention of Corruption Act, 198

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