D.C.JAIN Vs. STATE OF C.G.

JUDGEMENT

(1.) In the present petition, the petitioner has challenged the order dtd. 29/11/2018 passed by the learned Additional Judge, Dongargarh to the Court of learned First Additional Sessions Judge, Rajnandgaon (C.G.) in Criminal Revision No.07/2018.

(2.) The facts of the present case are that the petitioner was posted on the post of Executive Engineer in the Water Resources Department, Rajnandgaon at the relevant time and the petitioner was directed for technical sanction for the construction of Stop Dam in Nala under the MENREGA scheme at Village Sendri, District Rajnandgaon. The work order was issued and construction work was started in the financial year 2010-11. During the course of the construction, certain complaints were made and the Executive Engineer, R.E.S. Division, Rajnandgaon was directed to enquire into the matter and thereafter an enquiry report was submitted before the Chief Executive Officer, District Panchayat, Rajnandgaon wherein certain irregularities were pointed out. A show cause notice was issued to the petitioner on 8/10/2012, in turn, a reply was filed on 15/10/2012. The article of charge was issued on 2/2/2013 and after a full-fledged departmental enquiry, the petitioner was exonerated from the charges vide decision dtd. 3/5/2018. At the same time, one FIR was registered against the petitioner for the commission of offences under Ss. 409 and 420 of the IPC. The police investigated the matter, the charge sheet was filed and thereafter, the learned trial Court i.e. the JMFC Dongargarh framed the charges for the commission of offences under Ss. 409 and 420 of the IPC.

(3.) Learned counsel for the petitioner would submit that charges were framed and an order framing charge was passed on 10/7/2018 by the learned trial Court and on the same set of facts and allegations in the disciplinary enquiry the petitioner was exonerated vide order dtd. 3/5/2018 and therefore, the continuation of the prosecution would be an abuse of process of law. Thus, he would pray to quash the order passed by the learned trial Court dtd. 10/7/2018 and the order passed by the learned revisional Court dtd. 29/11/2018. He has placed reliance on the judgment passed by the Hon'ble Supreme Court in the matter of Ashoo Surendranath Tewari Vs. Deputy Superintendent of Police, EOW and Anr., reported in 2020 (9) SCC 636.