JUDGMENT :

1. Challenge in this petition, preferred under Section 482 of the Code of Criminal Procedure, is thrown to FIR No.23/2020, registered at Anti-Corruption Bureau, Kashmir, Srinagar (for brevity “ACB”) on 17th November 2020, under Sections 5(1)(c), 5(1)(d) read with Section 5(2) of Jammu and Kashmir Prevention of Corruption Act, 2006, and Sections 467, 468, 471 and 120-B RPC.

2. The case set up by petitioner is that he has retired on attaining the age of superannuation as Incharge Chief Engineer, PWD(R&B), on 30th June 2018 and at that time, neither there had been any criminal case registered or under investigation against him, nor had there been any departmental enquiry contemplated or pending against him. It is stated that in the year 1998, while petitioner was posted as Assistant Executive Engineer, PWD(R&B), Budgam, the Telecom Department intended to lay cables along the Humhama-Budgam and Budgam-Yechgam general roads, for which it had to dig the berms of the roads. The Telecom Department, in terms of the Rules, was asked to deposit restoration charges of the roads to the tune of Rs.1,44,500/- before undertaking the work, which the Department did. After cables were laid b