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2009 Supreme(P&H) 2156

NIRMALJIT KAUR
Kulwant Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

Nirmaljit Kaur, J.

1. This is a petition under Section 482 Cr.P.C. for quashing of FIR No. 30 dated 18.11.2008 registered at Police Station Vigilance Bureau, Ludhiana under Sections 420, 120-B IPC and Section 13(l)(d) read with Section 13(2) of the P.C. Act, 1988 and all subsequent proceedings arising therefrom.

2. The facts, in short, are that the petitioner No. 1-Kulwant Singh son of Sh. Gurbachan Singh was the Science Teacher of Dashmesh Khalsa High School, Heran. He remained Member Panchayat from the year 1998 to January 2003. Harbans Singh is the headmaster of that school. An FIR was registered against the petitioners on the ground that petitioner No. 1 held the post of Panch in spite of his being a teacher in a Government Aided School. He had received salary of Rs. 6,09,884/- from June 1998 upto 1st January 2003. He was holding an Office of profit during his tenure as Panch, which he could not do. He should have resigned before being elected as Panch. The same was stated to be in the knowledge of petitioner No. 2 who knowingly allowed the petitioner No. 1 to continue to draw the salary. Thus, an FIR No. 30 dated 18.11.2008 under Sections 420, 120- B IPC and Section 13























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