TAPAN GARNAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The above mentioned three separate appeals have been preferred by the respective appellants challenging the common judgment dated 24.04.2018 passed by the learned Special Judge (Vigilance), Sundargarh in CTR Case No.20 of 2007 convicting and sentencing each of the above named appellants and to undergo R.I. for two years and to pay a fine of Rs.10,000/- (rupees ten thousand) in default of payment of fine to undergo a further period of rigorous imprisonment for three months under each of the offences under Section 120-B, 468/120-B, 471/120-B and 420/120-B of the Indian Penal Code (in short the 'I.P.C.')

(2.) The gravamen of the prosecution case, in a nut shell, is that on the basis of allegation of defalcation of Government money by recording inflated measurement in the execution of the road work "S/R to Lathikata-Timjore Road from RD 1/300 Mtrs. to 1/865 Mtrs. for the year 2001-2002, an enquiry was undertaken by the Vigilance Wing. During enquiry, it came to light that the said work was awarded to Contractor, Manoj Mohapatra vide Agreement no.308F/2 for value of Rs.1,99,857/- . Pursuant to the agreement, the items of the work were to be executed for metaling, earth work, surface dressing and seal coating. The work commenced on 09.01.2002 and completed before 31.03.2002. After completion of the work, appellant, Niranjan Jena, Junior Engineer took the measurement and the appellant, Tapan Kumar Garnaik, Assistant Executive Engineer conducted the check measurement and basing on their measurement and check measurement, final bill was prepared and appellant-Manoj Mohapatra, the Contractor was paid Rs.1,74,565/- after deducting Rs.25,068/- towards royalty, R.D., I.T. and O.S.T. The Technical Wing inspected the work on 11.01.2004 and 12.01.2004 in presence of appellant Niranjan Jena and Tapan Kumar Garnaik and found that works were executed for 200 meters from RD 1300 meters to RD 1500 meters and there was no work from 1500 meters to 1865 meters and the inspection team calculated the value of work executed to be Rs.77,829/- and there was excess payment of Rs.96,736/- after deducting Rs.25,685/-. After inspection, a memorandum was prepared.

(3.) The learned Trial Court on the basis of allegation and enquiry decided the case on the following points:-