PUSHPENDRA KUMAR SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Leave granted.

(2.) The Appellant has assailed the final judgment dtd. 6/1/2020 passed by High Court of Jharkhand at Ranchi in Criminal Revision No. 1057 of 2018, by which the order dtd. 4/7/2018 passed by learned Special Judge, Anti­Corruption Bureau dismissing the application for discharge filed by the Appellant under Sec. 239 of Code of Criminal Procedure, 1973 (for short "Cr.P.C. ") in connection with Special Case No. 02 of 2011 has been affirmed. The criminal case was registered against the Appellant and others for commission of offences under Ss. 109, 409, 420, 467, 471, 477A and 120B of Indian Penal Code (for short "IPC ") and Sec. 13(1)(c) and 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988 (for short "PC Act ").

(3.) The facts briefly put are that the Appellant was working as an Executive Engineer (Electrical) ( "EE ") in the Accelerated Power Development Reforms Program ( "APDRP ") Wing of Jharkhand State Electricity Board (in short "JSEB ") from 7/12/2004. During his tenure as EE, one Ramjee Power Construction Limited (hereinafter "RPCL ") was awarded a contract of work under APDRP vide work order dtd. 27/1/2005. On account of delay in execution of the work and to resolve the said issue, the then Chairman JSEB, Mr. Shivendu, convened a meeting on 21/12/2006, wherein he orally instructed Mr. R.P. Agarwal, the then Chief Engineer ( "CE "), to place the agenda for next board meeting for termination of the contract of M/s RPCL. Prior to convening of the next Board meeting, Mr. V.N. Pandey was appointed as the new Chairman, JSEB on 4/1/2007. The new Chairman called for a meeting on 6/2/2007/7/2/2007 for the agenda to review the progress of RPCL 's work. In the said meeting, other officers of JSEB including Mr. R.P. Agarwal, CE, had participated. In the meeting, it was mutually agreed by JSEB and RPCL that full effort to complete the work within the extended time, i.e. July, 2007 shall be made by RPCL. In furtherance of the decision taken in the aforesaid meeting, Mr. R.P. Agarwal, CE, made various correspondences reminding RPCL to complete the pending work. On retirement of Mr. R.P. Agarwal, Mr. S.C. Shrivastava Superintending Engineer (Electrical) was made in charge in place of Mr. R.P. Agarwal. Meanwhile, RPCL sent letters dtd. 16/5/2007, 18/5/2007 and 8/6/2007 requesting him for further extension of time. In the said correspondences, it was said that RPCL had already invoked the arbitration clause on 22/12/2006, in terms of the contract and requested JSEB for appointment of an arbitrator. The said letters were handed over to the Appellant, on which under the instructions, the Appellant prepared a note dtd. 8/6/2007 and placed it before the Chairman on the issue relating to appointment of an arbitrator and waiver of penalty, as advised by learned Advocate General ( "AG ") of State of Jharkhand in similarly placed transmission lines projects.