HEMANT KHARE Vs. STATE OF M P

JUDGEMENT

(1.) This revision petition preferred under Section 397/401 of the Code of Criminal Procedure 1973 has been directed against an order dated 2 nd February 2011 in Special Sessions Case No.2/10 by the Special Judge (Prevention of Corruption Act), Datia (M.P.) framing thereby charges against the petitioner-accused for commission of offence punishable under Sections 193, 196, 465, 467, 201 read with Section 34 of I.P.C. as well as Sections 13(1)(d) and 13(2) read with Section 15 of the Prevention of Corruption Act 1988.

(2.) In short, the facts of the case, just for decision are that the petitioner Hemant Khare who is at present working as an Executive Engineer in the Water Resources Department, Gwalior, at earlier point of time was posted as Sub-divisional Officer in the Rajghat Canal and Regulation Division No. 1 Jhansi (U.P.). He worked on the post in question during the period from 21 st December, 2001 till 15 th January, 2002. During the said period, work for maintenance of irrigation canals and regularizing the water supply for irrigation through Dam was performed on contract basis under his supervision. It is alleged that the petitioner alongwith other accused with a view to gain wrongful means passed the over payments to the contractor. On complaint, the inquiry and investigation was conducted. After investigation the charge-sheet with other accused was filed before the Special Judge Datia. On commencement of trial, the learned trial Judge framed the charges as mentioned above against the petitioner and other accused, hence this revision for quashment of the same.

(3.) A challenge has been to the order impugned on the ground that the same is passed ignoring the relevant provisions of law and without jurisdiction. It is submitted by the learned counsel that on perusal of the chargesheet papers and summary of the investigation results printed with charge-sheet, the ingredients of the offence alleged to have been committed by the petitioner do not connect the petitioner. It is further submitted that during inquiry and investigation conducted by the Special Police Establishment working under the control of Lokayukt and during departmental inquiry with respect to the irregularities committed by the petitioner, it appears that the department had recovered the excess payment made to the so called Contractor from the petitioner and therefore there was no loss to the State exchequer. It is further pointed out that in accordance with the provisions contained in clause (1) of Section 13 of the Madhya Pradesh Lokayukt Evam Up Lokayukt Adhiniyan 1981, Lokayukt Organization was not empowered to conduct investigation and file charge-sheet. On the contrary, it is contemplated in the section itself that the Lokayukt after holding an inquiry on the complaint so made shall submit the report to the State Government. Hence, according to the learned counsel for the petitioner, the entire investigation and charge-sheet launched against the petitioner are without jurisdiction. On the basis of above, it is prayed that the impugned order passed by the trial Judge framing charges against the petitioner-accused be set aside and the revision be allowed.