S IRUDHAYAM Vs. STATE

JUDGEMENT

(1.) THE petitioner is the sole accused in S. C. No. 1 of 1996, on the file of the learned Chief Judicial Magistrate, Madurai. The charges against him are under sections 120b r/w 409 and 420 I. P. C. , and Section 13 (2) r/w 13 (1) (a) and (d) of the prevention of Corruption Act, 1988. He has filed the present criminal original petition seeking to quash the said proceedings.

(2.) ADMITTEDLY, the petitioner was working as a Superintending Engineer, public Works Department, Madurai Circle and he was holding the Additional charge of Special Buildings Circle, Madurai between the year 1992 and 26. 09. 1995. There is no dispute that he is a public servant.

(3.) IT is stated in the final report that the Government of Tamil Nadu issued G. O. Ms. No. 1492, Health Department dated 22. 11. 1991 and issued orders for providing steam Laundries in 16 District Head Quarters Hospitals in Tamil Nadu at a total estimated capital cost of Rs. 8 crores at the rate of 15 lakhs per hospital. In G. O. Ms. No. 381, Health Department 31. 03. 1992, the Government of tamil Nadu accorded administrative sanction for taking up the above work. In g. O. Ms. No. 18, Health and Family Welfare Department dated 06. 01. 1993, the government approved the plan and estimate to be followed for provision of the steam laundries in Head Quarters Hospitals. Based on the above orders of the government, technical sanction for the estimate, each to a cost of Rs. 55 lakhs for the construction of steam laundries in 15 places were accorded by the Chief engineer (Buildings), Public Works Department for the year 1992-1993, with provisions for civil, mechanical and electrical items.