NITYANANDA MOHANTY Vs. STATE OF ODISHA

JUDGEMENT

(1.) By way of this petition, petitioner has assailed the order dated 16.09.2019, passed by the learned Special Judge, Vigilance, Dhenkanal in T.R. Case No. 26/2017, refusing the prayer of the petitioner to discharge him from the alleged commission of offences under Sections 13(2)/13(1)(d) of the Prevention of Corruption Act (PC Act) and Sections 468/471/420/120B of the IPC.

(2.) Heard Mr. S. Das, learned counsel on behalf of the petitioner and Mr. S. Das, learned Standing Counsel on behalf of the opposite party-Vigilance Department.

(3.) The facts in nutshell is that, the present petitioner is one of the accused in the aforesaid Vigilance case. It has been alleged that, when the petitioner was the Collector, Dhenkanal during the period 2001-2002, he along with other two co- accused persons, namely, one Suryanarayan Das, who was the Project Director, DRDA, Dhenkanal and one Satyananda Balasamanta, the Transport Contractor, at that relevant point of time, have caused pecuniary loss to the State Exchequer. It is alleged that the petitioner and said P.D., DRDA have made excess payment of Rs.9,47,119/-(rupees nine lakhs forty seven thousand one hundred nineteen) to the said Transport Contractor and thereby illegally gained the contractor causing heavy pecuniary loss to the Exchequer of the State. The specific allegations against the petitioner are that he approved the higher rate proposed by the PD, DRDA for transportation of rice and wheat from the FCI Go-down, Dhenkanal to different Block Headquarters and Gram Panchayat (GP) Headquarters under the Food for Work Programme. As per charge sheet, the approved rate for transportation prescribed by the Odisha Civil Supply Corporation, Dhenkanal (hereinafter referred to as 'OCSC, Dhenkanal') was not adhered to by the petitioner for transportation of the said food grains and higher rate was paid to the said Contractor only by accepting the hand quotations given by the Contractor, without any bid having certain oblique motive.