SAROJ KUMAR MOHAPATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this revision the petitioner has assailed the legality of that part of the impugned Order dated 28.8.2008 by which the prayer to discharge him was rejected & that part of the consequential Order Dated 18.9.2008 by which charge u/s. 13(2) read with 13(1) (d) of the Prevention of Corruption Act, 1988 (for short, 'the Act) as well as Sections 420 & 120 -B of the I.P.C. was framed against him by the Learned Special Judge (Vigilance), Jeypore in G.R. Case No.29 of 1998.

(2.) LEARNED Counsel for the Petitioner and Learned Counsel for the Vigilance Department was heard as length. Also in course of hearing Learned Counsel for the Vigilance Department produced records of the case.

(3.) BERHAMPUR Vigilance P.S. Case No.29 of 1998 corresponding to G.R. Case No.29 of 1998 of the Court of Special Judge (Vigilance), Berhampur was registered on 6.8.1998 on the basis of First Information Report submitted by the Deputy Superintendent of Police, Vigilance Cell -II, Cuttack against the Petitioner and four others. On completion of investigation charge -sheet was submitted against said five persons and Chief Engineer (RE. and D), Orissa. It is alleged that on 7.5.1996 the SEE purchased 300 meters of 185 mm 2 3. 1/2 Core PVC Armoured Cable and 150 mm 2 3 1/2 Core PVC Armoured Cable from M/s. Maruti Sales, Balasore at the rate of Rs.658 and 604 per meter respectively violating his financial limits without inviting tenders. Similar types of cables had been purchased by the Chief Engineer (R.E. and D.) Orissa, Bhubaeswar from M/s. Cables India, Balasore at price of Rs.251 and Rs.205 per meter respectively excluding 25% excise duties. Gist of the allegations as narrated in the charge -sheet reads as follows :