INDUBHUSAN DAS GUPTA Vs. STATE

JUDGEMENT

(1.) By this Revisional Application under section 397, read with sections 401 and 482 of the Code of Criminal Procedure (hereinafter referred to as Code the petitioner-accused (hereinafter referred to as accused) has prayed the Court for setting aside the order dated 16th March, 1990 passed by the learned Additional Special Judge of Burdwan at Asansol in Special Case No. 6 of 1977 before him, and also for quashing of the aforesaid proceedings on the grounds made out therein ; mainly on the ground of delay in trial of the case and also on the ground that the F.I.R, as it is, and the materials disclosed by the prosecution do not make out any offence for proceeding against him.

(2.) It is contended by the petitioner-accused that he had been serving as Senior Stores Officer in Alloy Steel Plant at Durgapur during 1972-73. While discharging his official duties as such he had incurred the displeasure of some persons who had made complaints against him behind his back. On the basis of the complaints made, an enquiry was initially made against him, which had failed to establish any direct charge of corruption. The C.B.I. had thereafter started investigation against him from a different angle that he was in possession of wealth, disproportionate to his known source of income. He was transferred from the Stores Department to the Purchase Department in the same rank at the instance of the C.B.I. to facilitate police investigation in the Stores Department where he was in-charge of the custody of nearly Rs. 40 Crores of materials ; but no irregularity in transaction against him could be detected by the C.B.I. The case was eventually registered against him in the Court of the Judicial Magistrate at Durgapur in September 1975, marked as RC/41 of 1975, which is the F.I.R. in the relevant case. Upon due investigation the C.B.I. had submitted charge-sheet in the relevant case on the following allegations :

(3.) The accused started his career as Organiser in the National War Front, Bengal, and had worked in the said capacity from 1.4.1943 to 12.3.1944. During the period from 13.3.1944 to 20.12.1948 he had worked as Clerk in the Ministry of Food, Government of India, and from 21.12.48 to 18.12.49 under the Ministry of External Affairs, Government of India. Thereafter he was appointed as Assistant in the said Ministry, and had worked as such from 19.12.49 to 30.3.52. Again, he joined as Assistant in the Embassy of India, Moscow, and was attached there during the period from 31.5.1952 to 21.10.1954. Thereafter, he was posted as Assistant in the Ministry of External Affairs, Delhi, from 21.5.55 to 6.6.57. His services were transferred to the Ministry of Steel & Mines on 7.6.1957. He had joined the H.S.L., Ranchi, on 12.8.60 as Assistant Executive Officer and worked there in the said capacity till 24.8.62. He had finally joined Alloy Steels Plant, Durgapur, with effect from 25.10.62 and had worked there as Assistant Stores-cum-Purchase Officer till 1.4.65. From 25.10.65 to 30.11.69 he worked as Stores Officer, from 1.12.69 to 31.3.74 as Sr. Stores Officer, and from 18.11.74 to 23.10.75 as Mr. Purchase Officer in the Scale of Rs. 1250/- P.M. His service was terminated with effect from 14.10.75 vide Office Order No. ASP-P1.6950-/270 dt. 24-10/75.