Exoneration in departmental proceedings, based on merits, can lead to quashing of criminal prosecution.

JUDGMENT

Jasmeet Singh, J. The present writ petition has been filed seeking quashing and setting aside the order on charge and framing of charge dated 10.03.2021 passed by learned Special Judge (PC Act) ACB-01, Rouse Avenue Courts, Delhi, in which charges under section 7/13(1)(d) and 13(2) of the Prevention of Corruption Act have been framed.

2. The brief facts of the petition are that the complainant, Mr. Ravneet Singh has applied for an Arms licence for himself on 12.01.2014 and the accused (petitioner herein) SI Johnson Jacob, having mobile No. 7503075999, visited his residence for inquiry regarding the same.

3. It is further submitted in the complaint that the petitioner asked the complainant to pay a bribe of Rs.20,000/- for sending his report for grant of Arms licence and after some negotiation the petitioner reduced the amount to Rs.10,000/-. The complainant, thus, handed over a sum of Rs.1,000/- to the petitioner, recorded the conversation and provided a CD of the same later on.

4. It is further alleged that the petitioner contacted the complainant to meet him in the evening at P.S. Vikaspuri for collecting the remaining balance amount of Rs.9,000/-.

5. On 15.01.2014, the complaint was marked to Inspector B.K. Singh for investigation. Inspector B.K. Singh confirmed the facts mentioned in the complaint in the presence of panch witness Sh. Karamchand s/o Sh. Kashiram posted as UDC, Industries Department, 419, FIE Patparganj, New Delhi.

6. Thereafter, during raid proceedings, on instructions of Inspector Rakesh Kumar, the complainant Mr. Ravneet Singh handed over GC Notes of Rs.9,000/- smeared with phenolphthalein powder to the petitioner on his demand.

7. Subsequently, on personal search of the accused/petitioner 10 GC notes of denomination of 500 and 4 notes of Rs.1,000/- amounting to a total of Rs.9,000/- were recovered from his right hand and the serial number of the recovered currency notes tallied with the serial numbers noted in the pre-raid proceedings.

8. The right hand wash of the accused was put into Sodium Carbonate solution which turned pink and was then seized in two bottles and all the exhibits of the case were taken into possession.

9. During investigation, the petitioner was interrogated and an FIR was lodged against him. After investigation, charges were framed and the accused/petitioner was summoned. After hearing the arguments, vide order dated 10.03.2021, the Special Judge (PC Act), ACB-01, Rouse Avenue Courts, Delhi framed charges under section 7/13 of the Prevention of Corruption Act, 1988 against the Petitioner.

10. The petitioner thus, approached this court seeking quashing and setting aside of the order on charge dated 10.03.2021. The two grounds on which the petitioner seeks quashing of the order dated 10.03.2021 are:

(i) That the petitioner has been exonerated in departmental proceedings and according to the judgment of the Supreme Court in 2020(9) SCC 636 titled "Ashoo Surendranath Tewari V. The Deputy Superintendent of Police, EOW, CBI & Anr.", (2020)9 SCC 636, criminal proceedings cannot continue against the petitioner.

(ii) That petitioner is a Sub Inspector in Delhi Police and thus The Anti-Corruption Branch of Delhi Government has no jurisdiction to investigate the offence against a Sub Inspector working in Delhi Police which falls under the Ministry of Home Affairs.

11. It is submitted by the petitioner that the allegations in the disciplinary proceedings and the FIR are a mirror image of each other and thus as the petitioner has been exonerated in the disciplinary enquiry, he cannot be convicted in the criminal proceedings. The comparative allegations are as under:

Allegations