PARAMESHWARAN SUBRAMANI AND ORS. Vs. STATE

JUDGEMENT

(1.) Heard. Admit. Heard finally by consent.

(2.) By this application, the applicants have challenged the correctness and legality of the order dated 06.08.2015 passed by the Special Judge, Panaji in Special Case No. 1/2013 thereby directing framing of charge for offences punishable under Section 120-B of I.P.C. and Section 12 of the Prevention of Corruption Act, 1988.

(3.) Applicant No. 1, is a Commissioner of Customs and Central Excise, Bangalore and applicant No. 2 is the Inspector of Central Excise, Goa. Applicant No. 1, was facing an enquiry on the allegation that he together with some other persons during the period of the year 1996-97, colluded with some of the firms and purchased 48 ready flats for Customs Department, Goa at an exorbitant cost of Rs. 3,55,69,150/-, which amount was much higher than the actual market rate and thereby committed gross misconduct and caused loss of Rs. 1,04,00,000/- to the Department. Because of pendency of this enquiry, applicant No. 1 faced some difficulty in securing promotion to a higher post without any delay and was desirous of some how or the other getting it closed. He, therefore, sought help of applicant No. 2, who knew the enquiry officer, Shri R.A. Yadav, Police Inspector, C.B.I., Goa, for the said purpose.