Court No. - 44
Case :- MATTERS UNDER ARTICLE 227 No. - 5633 of 2019 Petitioner :- Ompal Singh Respondent :- Central Bureau Investigation Head Of Zone Stf New Delhi And Another Counsel for Petitioner :- Shiv Sagar Singh Counsel for Respondent :- Sanjay Kumar Yadav
Hon'ble Ramesh Sinha,J.
Heard Sri Manish Gupta, learned counsel for the petitioner, Sri Gyan Prakash, learned Senior Advocate assisted by Sri S.K. Yadav, learned counsel appearing on behalf of C.B.I. and perused the record.
By means of present petition, the petitioner has prayed for a direction to the trial court to call for the service records of the petitioner instantly from NOIDA Authority, if any to ascertain whether the petitioner is a public servant or not and further quash the order dated 26.6.2019 passed by Special Judge, Anti Corruption, CBI, Ghaziabad in Special Case No. 10 of 2016 and set aside the prosecution sanction granted by CEO, NOIDA against the petitioner dated 14.3.2016.
Learned counsel for the petitioner submits that the petitioner is a daily wage earner. He was neither in the capacity of the employer-employee with NOIDA Authority nor a Contractor, who could derive any benefit from the work done under the said contracts and was made accused only because he was wrongly treated as a Public Servant and accordingly his name may please be deleted from the charge-sheet. Whether the petitioner is a public servant or not and the said fact can only be ascertained by calling upon the service record of the petitioner, hence the same may be called upon from the NOIDA Authority and the order dated 26.6.2019 as well as the prosecution sanction 14.3.2016.
Learned counsel for the C.B.I. opposed the prayer for quashing and argued that it is only dilatory tactics of the applicant to delay the trial.
Considering the facts and circumstances of the case and the submissions advanced by learned counsel for the parties, I do not find any ground to interfere in the matter in exercise of power under Article 227 of the Constitution of India as the trial is in progress and the evidence of P.W. Rama Raman Singh is being recorded by the trial court.
The petition is, accordingly, dismissed.
Order Date :- 25.7.2019 Shiraz