SIBA NARAYAN PATNAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE present application under Section 482 Cr.P.C. has been filed by the petitioner -Siba Narayan Patnaik, who is working as D.G.M., Mechanical in the Office of the M/s Orissa Mining Corporation (O.M.C), Bhubaneswar seeking to quash the criminal proceeding against him in T.R. Case No. 3 of 2009 pending before the learned Special Judge (Vigilance), Balasore. Mr. S.S. Das, learned counsel appearing on behalf of the petitioner submits that neither the F.I.R. nor the statements of the witnesses gathered by the prosecution at the time of investigation, implicated the petitioner in commission of any offences, though charge sheet has been submitted against the petitioner and others under Sections 418, 420, 120 -B of I.P.C. read with Section 13(2) and 13(1)(d) of the Prevention of Corruption Act. It is further asserted by the learned counsel for the petitioner that the petitioner has no connection with the alleged offences and has no role to play in any loss that may have suffered by the M/s Orissa Mining Corporation (O.M.C).

(2.) AT the very outset, Mr. S.S. Das vehemently asserts that the petitioner had been nominated by the appropriate authorities as a member of the committee to "scrutinize the tenders received from different parties regarding A.M.C. of Dumpers at Daitari". In this context the petitioner has attended a meeting of the said committee on 19.1.2001 and made a recommendation on 23.1.2001 under Annexure -3 to the writ petition. The said document is extracted herein below:

(3.) IN the present case, the F.I.R. was lodged by one Anil Kumar Dash, Inspector of Police, Vigilance, Keonjhar on 19.12.2005 before the Superintendent of Police, Vigilance, Balasore Division, Balasore implicating five persons (not the present petitioner) on the allegation under Sections 420, 120 -B I.P.C. read with Section 13(2) and Section 13(1)(d) of the P.C. Act. The essence of the allegation contained in the F.I.R. was that M/s. O.M.C. had engaged eleven numbers of Dumpers at Daitari Mines for raising and transportation of iron ore inside the mining. But the services of those dumpers were not satisfactorily utilized because of frequent breakdowns and lack of proper maintenance and shortage of technical personnel at Daitari. It is further averred that M/s. O.M.C. in order to keep their Dumpers in good operating order, decided to award only maintenance contract to an outside agency on the basis of an open tender. Accordingly, sealed tenders were invited vide Tender No. 1 of 2000/01 and pursuant to such tender call notice, three tenderers namely, M/s. Tarini Syndicate, Baliparbat, M/s. Sea Craft Marine Services, Bhubaneswar and M/s. New India Supply Agency, Bhubaneswar has submitted their bids. A Technical Committee was constituted to consider the technical bid of the tenderers and such committee while rejected the tender of one M/s. Tarini Syndicate, recommended the other two bidders for consideration by the higher management and for finalization of the contract.