Mr. P.B. Bajanthri, J.:- In this petition, petitioner has questioned the order dated 26.6.2014 vide Annexure P-10, issued by respondent No.1, by which sanction for prosecution has been granted arising out of FIR No. 7 dated 17.1.2006 under Section 7, 13 (2) of the Prevention of Corruption Act, 1988, (hereinafter to be referred as “the P.C. Act”) filed by Vigilance Bureau, Patiala.

2. The petitioner was in the cadre of Medical Officer. While he was working at Civil Hospital, Bassi Pathana, he was alleged to have been trapped while accepting bribe of Rs.2,000/- for issuance of MLR certificate to the complainant. There was a quarrel between Kashmir Singh s/o Bant Singh, his nephew Mukhtiar Singh with Rajwinder Singh @ Raji and Sukhvinder Singh @ Kinda of their village, Buchin, Tehsil Bassi Pathana, District Fatehgarh Sahib. The petitioner had treated injuries to complainant and to others. The complainant is stated to have requested the petitioner to give severe injury certificate, so as to file necessary criminal proceedings against the other party. Arising out of these facts and circumstances, the complainant’s allegation is that the petitioner had demanded a sum of Rs.5,000/- and on negotiation it was reduced to Rs.2,000/- and it was alleged to have been thrusted in the petitioner’s coat pocket. On 17.1.2006, FIR No. 7 was registered in the Police Station, Vigilance Bureau, Patiala Range, Patiala. The alleged quarrel between the complainant and Rajwinder Singh occurred and the petitioner had handed over copy of the MLR to the complainant on the same day.

3. The Vigilance Department requested the Ist respondent to give sanction to prosecute petitioner. The first respondent declined to grant sanction to prosecute on 5.11.2008 vide Annexure P-8 and thereafter, in the year 2011, once again sought sanction for prosecution. Even the same was declined on 1.8.2011 vide Annexure P-9 by the first respondent. Further in the year 2014, once again sought for sanction to prosecute petitioner. Pursuant to the request, on 26.6.2014 the first respondent granted sanction to prosecute the petitioner vide Annexure P-10. Petitioner, feeling aggrieved by the Ist respondent order dated 26.6.2014 by which sanction to prosecute petitioner has been ordered. Hence this petition.

4. Learned counsel for the petitioner contended that petitioner was on duty on 17.1.2006. Complainant Kashmir Singh rushed in the hospital and forcible thrusted bribe amount in the pocket of coat of the petitioner which was hanging in the petitioner’s room. When the petitioner stopped Kashmir Singh, currency notes which were thrusted in the pocket of coat fell on the ground. At that juncture, the petitioner was caught by the officials of the Vigilance Bureau and was arrested on the allegations that he had demanded and accepted bribe amount of Rs.2,000/-. Further, petitioner contended that complainant Kashmir Singh is a habitual offender as is evident from FIR No. 11 dated 11.1.1986 under Section 5 (2) RWS 5 (1) of 4 of P.C. Act and FIR No. 111 dated 5.9.1985 under Section 5 (2) 47 of the P.C. Act. The complainant is also involved in FIR No. 56 in the year 1995 under Section 302 IPC and FIR No. 59 dated 7.7.2001 under Sections 323, 326, 447, 148 and 149 IPC and so also under Section 25, 27, 54 and 59 of Arms Act and in another FIR No. 249 dated 14.12.2005 under Sections 326, 324, 34 IPC. Having regard to the complainant’s character, read with his involvement in many criminal proceedings, indicates that in order to fix the petitioner under the P.C. Act, the complainant has hatched a plan. Therefore, Kashmir Singh’s complaint that the petitioner had demanded and accepted illegal gratification, is only to harass the petitioner on account of non-issuance of favourable certificate to the complainant. The first respondent, after taking due notice of the alleged incident against the petitioner, did not approve sanction to prosecute the petitioner on 5.11.2008 vide Annexure P-8. I