W.P.(CRL) 781/2021 & other connected matters

Page 1 of 25

$~8 to 10

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment reserved on: 07.07.2022

Judgment pronounced on: 14.10.2022

+

W.P.(CRL) 781/2021

DR SARBESH BHATTACHARJEE

..... Petitioner

Through:

Ms. Arundhati Katju, Mr. Mohammad

Ali Choudhary, Ms. Shrishti Borthakur, Advs.

versus

STATE NCT OF DELHI

..... Respondent

Through:

Mr. R.S. Kundu, Ld. ASC with Mr.

N. Kumar, Mr. M. Dagar, Mr. A. Singh, Mr. N.

Dagar, Advs.

+

W.P.(CRL) 785/2021 & CRL.M.A. 5717/2021

DR SARBESH BHATTACHARJEE

..... Petitioner

Through:

Ms. Arundhati Katju, Mr. Mohammad

Ali Choudhary, Ms. Shrishti Borthakur, Advs.

versus

STATE NCT OF DELHI

..... Respondent

Through:

Mr. R.S. Kundu, Ld. ASC with Mr.

N. Kumar, Mr. M. Dagar, Mr. A. Singh, Mr. N.

Dagar, Advs.

+

W.P.(CRL) 786/2021 & CRL.M.A. 5719/2021

DR SARBESH BHATTACHARJEE

..... Petitioner

Through:

Ms. Arundhati Katju, Mr. Mohammad

Ali Choudhary, Ms. Shrishti Borthakur, Advs.

versus

STATE NCT OF DELHI

..... Respondent

Through:

Mr. R.S. Kundu, Ld. ASC with Mr.

N. Kumar, Mr. M. Dagar, Mr. A. Singh, Mr. N.

Dagar, Advs.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/004283

W.P.(CRL) 781/2021 & other connected matters

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CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

J U D G M E N T

JASMEET SINGH, J

1.

These are writ petitions which are being disposed of by a common

order.

2.

The petitioner in the above writ petitions has sought quashing of the

following FIRs:

a.FIR No. 01/2012 dated 10.01.2012 registered at PS Anti Corruption

Branch under Section 13(1)(d)/13(2) of the Prevention of Corruption

Act, 1988 (hereinafter “PC Act”) and Section 420/120B Indian Penal

Code, 1860 (hereinafter “IPC”) and proceedings emanating therefrom

in W.P.(CRL) 786/2021;

b.FIR No. 02/2012 dated 10.01.2012 registered at PS Anti Corruption

Branch under Section 13(1)(d)/13(2) of the PC Act and Section

420/468/471/120B IPC and proceedings emanating therefrom in

W.P.(CRL) 781/2021;

c.FIR No. 04/2013 dated 16.02.2013 registered at PS Anti Corruption

Branch under Section 13(1)(d)/13(2) of the PC Act and Section

420/468/471/120B IPC and proceedings emanating therefrom in

W.P.(CRL) 785/2021.

3.The factual matrix of the case as per the petitioner is as under:

a.The Petitioner had a career of around 36 years as a medical officer

under the Govt. of Arunachal Pradesh, the Assam Rifles, and finally

the Central Govt. Health Services.

b.The petitioner was transferred to Delhi Government and was posted as

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/004283

W.P.(CRL) 781/2021 & other connected matters

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Director, Health Services (“DHS”) on 26.08.2009. Subsequently, he

was posted as Medical Superintendent, Deen Dayal Upadhyay (DDU)

Hospital on 10.03.2011 and was to retire on 31.01.2012 on attaining

superannuation.

c.The petitioner was suspended from service on 02.11.2011, just 3

months prior to his date of retirement. Being aggrieved by the

suspension, the petitioner filed an Original Application No.

4087/2011 before the Central Administrative Tribunal (CAT),

Principal Bench, New Delhi. Vide order dated 23.12.2011, the learned

CAT was pleased to quash and set aside the suspension orders dated

02.11.2011 and 28.11.2011.

d.Since the order dated 23.12.2011 was not implemented and the

retirement dated of the petitioner was approaching on 31.01.2012, the

petitioner filed a Contempt Petition No. 06/2012 titled „Dr. Sarbesh

Bhattacharjee v. Sh. Anshu Prakash & Ors.‟ before the learned CAT.

e.Thereafter, the FIR No. 01/2012 and impugned FIR No. 02/2012 were

filed against the petitioner on the same date i.e., 10.01.2012.

f.Following are the FIRs registered against the petitioner:-

FIR Details

Date

FIR No. 01/2012 registered at PS Anti

Corruption

Branch