UDAY SARKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has assailed proceeding in S.P.L. No.19 of 2013 pending before the learned Special Judge, C.B.I. Court at Alipore, South 24 -Parganas arising out of RL No.0102011A0029 dated 27.10.2011 under Sections 420/120B of the Indian Penal Code read with Section 13(1)(d) of the Prevention of Corruption Act, 1988.

(2.) The petitioner along with others have been arrayed in the instant case on the allegation that while they were holding various responsible positions in the South Eastern Railway they had entered into a criminal conspiracy and thereby procured different non stock items from various supplies in a dishonest and illegal manner and thereby caused substantial loss to the railways. It is further the prosecution case that such non stock items are fraudulently requisitioned and purchased with fictitious names and specifications in violation of Indian Railways Code. It is also alleged that dishonestly certificates were issued indicating receipt of materials, although such materials had not been received by the department.

(3.) In conclusion of investigation charge sheet has been filed and cognizance have been taken in the instant case. At this stage, the petitioner has approached this Court praying that though the petitioner was posted as senior section engineer of South Eastern Railway, he alone was not responsible in placing the orders in respect of such purchases. It is also pleaded that paragraph 4 to 9 of the Indian Stores Code has no manner of application in the instant case.