IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
RAJESH KAKAR – Appellant
Versus
STATE OF HP AND ANOTHER – Respondent
Rakesh Kainthla, Judge
The petitioner has filed the present petition for quashing of F.I.R. No. 06 of 2016, dated 19.07.2016, registered for the commission of offences punishable under Sections 420, 465, 467, 468, 471 read with Section 120-B of Indian Penal Code (IPC) and Section 13(2) read with section 13(1)(c), 13(1)(d)(ii), 13(1)(d)(iii) of Prevention of Corruption Act, 1988 (P.C.Act) at Police Station State Vigilance and Anti Corruption Bureau (SV and ACB), Dharamshala, District Kangra, H.P. and the consequential proceedings arising out of the F.I.R.
2. Briefly stated, the facts giving rise to the present petition are that the Municipal Committee, Dharamshala, H.P., had resolved to purchase 20 large and 25 small containers with lids. Chaman Lal, Executive Officer (E.O) and Jitender Kumar, Sanitary Supervisor (SS), purchased the containers from the petitioner Rajesh Kakkar in violation of the rules. The Director, Urban Development, conducted a preliminary inquiry. The Inquiry Committee concluded that there was a violation of Financial Rules and Procedure regarding the purchase of the stores. After examining the Preliminary Inquiry Report, it was found that there was no need to p
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