TONY T.C. MARAK Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Mr. P. Yobin, learned counsel for the petitioner, who has submitted that the petitioner being aggrieved by the charge sheet No. 11/2016 dtd. 21/6/2016 submitted by the Investigating Officer (I/O) in Dawki P.S. Case No. 2(1)/2010 under Sec. 13(2) read with Sec. 13(1) (c) of the Prevention of Corruption Act, 1988 whereby a prima facie case for prosecution against the petitioner herein was said to have been found well established and the related order dtd. 28/10/2022 passed by the learned Special Judge, West Jaintia Hills District, Jowai in GR Case No. 10/2010, re-registered as Special CID Case No. 1/2016 by which order, the prayer of the petitioner/accused for discharge from the case was not allowed and the consequential order for framing of charge being made, the petitioner has accordingly approached this Court with this instant application under Sec. 397 read with Sec. 482 Cr.P.C and also under Article 227 of the Constitution of India.

(2.) The learned counsel has submitted that the brief facts of the case is that the petitioner at the relevant point of time was the State's Chief Conservator of Forest, SF and Env. There was a Centrally Sponsored Scheme (CSS) for establishment of a park at Syndai, Amlarem Sub-Division under the Border Area Development Department Programme, which Scheme amounting to ? 30,60,800/- (Rupees thirty lakhs sixty thousand eight hundred) only was proposed by the Department of Soil Conservation, Government of Meghalaya, the same being accordingly approved by the State Level Screening Committee was Special Central Assistant under the Border Area Development Department Programme.

(3.) The Forest Department was however, given the responsibility for implementation of the said project, the petitioner being the Chief Conservator of Forest, SF and Env., he was accordingly tasked for completion of the same. As to the utilization of funds for the said project, the petitioner finding that there is no appropriate channel for exclusive use of the funds meant thereof, had accordingly opened a special Current Account with the Canara Bank, Garikhana Branch, Shillong in the name of Chief Conservator of Forest, (SF and Env.) for transaction of money meant for the said project. The learned counsel has submitted that it is clarified that the said account was opened and operated in the name and Office of the Chief Conservator of Forest and not in the petitioner's personal capacity.