GYAS AHMED Vs. STATE OF C G

JUDGEMENT

(1.) THE aforesaid petitions are being disposed of by this common order as the applicants, by the instant petitions under Section 482 of the Cr.P.C, have prayed for quashing of the charge sheet filed against them in connection with Crime No.3/94 in the Court of Special judge, Korba, as case No. 14/2007 for offence punishable under Sections 409, 420, 467 and 120-B of the I.P.C. and Sections 13(1)(d) (ii) (iii) and 13 (2) of the Prevention of Corruption Act, 1988.

(2.) THE allegation against the petitioners in the charge sheet is that the petitioners were working as Assistant Engineers, Senior Accountant, Sub Engineer, LDC and Accounts Officer under the Special Area Development Authority (for short 'SADA') Korba at the relevant time. Several complaints were received against the Chairman, other Engineers and employees of SADA. As per the orders of the State Government, Chief Technical Examiner (for short 'CTE') vide his order dated 21 -12-90 directed Executive Engineer, CTE (Vigilance) for conducting enquiry on the aforesaid complaint. He conducted enquiry between 19-1 -91 and 22-1 -91 and submitted his report to CTE. Thereafter, CTE (Vigilance) submitted his report dated 11 -4-91 to the Sate Government. After receiving the report of the Chief Technical Examiner, the State Government directed State Economic Offence Investigation Bureau to conduct enquiry on the basis of the above report and thereafter aforesaid offence was registered firstly at State Economic Offence investigation Bureau, Raipur on 3-1-94 and on the basis of above, aforesaid crime was registered on 10-2-94 at State Economic Offence Investigation Bureau, Bhopal.

(3.) SHRI Prashant Jayaswal, learned Senior Counsel, contended that at the relevant time SAD A, Korba was presided by the Chairman belonging to a particular ruling party. Member of Parliament of other opposite party lodged a complaint to the EOW regarding alleged irregularities in the work of SADA and there was rampant corruption by the office bearer of SADA in collusion with the Government employees. The District Unit President of the same party also lodged similar complaint against office bearers and government employees of the SADA before the Chief Minister. On the basis of the aforesaid complaint EOW, Bhopal conducted preliminary investigation and directed filing of the first information report against the accused persons. Accordingly, the aforesaid offence was registered. First information report was forwarded by EOW Headquarters Bhopal to EOW, Raipur on 22-3-94 with a direction to conduct further investigation in the matter and forward the recommendation with details of investigation to the headquarters. After investigation charge sheet was prepared on 10-12-2007 and the same was filed on 22-12-2007. The work pertains to the period from 1987 to 1990. First information report is based on the report of Chief Technical Examiner. The Chief Technical Examiner conducted whole enquiry from 19-1 -91 to 22-1 -1991 and completed the same within a period of 4 days.