SUSIL KUMAR PATTNAIK Vs. STATE OF ODISHA (VIGILANCE)

JUDGEMENT

(1.) The petitioner has challenged the order dtd. 13/1/2020 of the learned Special Judge, Vigilance, Berhampur passed in G.R. No. 28 of 2013(V), wherein his prayer for discharge from the offences under Sec. 13(2) read with Sec. 13(1)(c)(d) of the Prevention of Corruption Act (in short "P.C. Act") and Ss. 409/471/120-B of the Indian Penal Code (in short "I.P.C.") has been rejected.

(2.) It is the case of the petitioner that he is presently working as A.B.D.O. of Dharakote Block in the district of Ganjam. He was remained Incharge Executive Officer of Chikiti N.A.C. from 1/3/2008 to 6/8/2009. It is alleged that during the said period of his incumbency in Chikiti N.A.C, he, by committing irregularity in tender process issued the work order to a nonexistent farm run by the co-accused-Priyabrata Biswal to procure the Cesspool Emptier resulting wrongful loss to the public fund and unlawful pecuniary advantage to the accused persons. Concerning manipulation of tender papers and use of forged document in the transaction, the chargesheet was filed by Vigilance Police in Berhampur Vigilance P.S. Case No. 28 dtd. 30/9/2013 for the aforestated offences. Consequently cognizance for the offences was taken on 29/11/2016 and subsequently the charge was framed in the impugned order by refusing his prayer for discharge.

(3.) If is submitted that, the Director of P.R. Department, Government of Odisha, who Is the sanctioning authority, has declined to issue sanction of prosecution against the petitioner and despite such refusal of sanction, the learned court below has committed illegality in taking cognizance of the offences against the petitioner as well as refusing his prayer for discharge.