SURENDRANATH BEHERA Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a case in which the petitioner, while working as Senior Divisional Medical Officer, East Coast Railway, Bandamunda, was involved in commission of offences under Sec. 13(1)(d) read with Sec. 13(2) and Sec. 7 of the Prevention of Corruption Act, 1988 on the basis of a trap, in which he was caught red handed by the CBI while taking a sum of Rs.1000.00 as illegal gratification for writing prescription for a railway employee. On the basis of complaint, R.C. Case No.3 of 2008 was registered in the Court of the learned Special Judge, CBI, Bhubaneswar, which formed the subject matter of trial in T.R. No. 33 of 2008. While the matter was so pending, the petitioner was issued with a memorandum of charge on 9/1/2009. Consequentially, an order of punishment was imposed against the petitioner by the disciplinary authority withholding 100% of the monthly pension on permanent basis and forfeiting the entire gratuity admissible to the petitioner, which is in commensurate with the gravity of misconduct committed by him, proved beyond reasonable doubt. In the meantime, the learned Special Judge, CBI, Bhubaneswar, vide judgment dtd. 22/12/2012, honourably acquitted the petitioner. Therefore, the petitioner filed a review petition on 18/2/2013 to the President of India along with a copy of the judgment of the CBI Court with a prayer to review the order passed by the disciplinary authority in the departmental proceeding, which was rejected vide order dtd. 19/3/2014 and communicated to the petitioner vide letter dtd. 21/3/2014. Against the said order, the petitioner filed O.A. No. 260/00105 of 2015 before the Central Administrative Tribunal, Cuttack Bench, Cuttack. After hearing the counsel for the respective parties, the Tribunal reserved the order on 24/4/2019 and pronounced the same on 30/7/2019, affirming the order of punishment and dismissing the original application filed by the petitioner.

(2.) The back-ground facts, which culminated into initiation of the above noted proceedings, are that a complaint was received from one Sri Uday Singh Swaiyan, Safaiwala, South Eastern Railway Hospital, Adityapur on 23/2/2008 alleging that he attended Railway Hospital, Bondamunda and met the petitioner, the then Senior Divisional Medical Officer, Railway Hospital, Bondamunda, for his treatment with prescription memo. The petitioner saw the prescription memo and checked Sri Swaiyan but asked him to come to his residence next day evening where he would further examine him properly and give medicine. At the same time, it is alleged that the petitioner advised him to attend his residence with a sum of Rs.1,000.00 so that he can give treatment and prescribe medicine. On the basis of the written complaint received from Sri Uday Singh Swaiyan, a criminal case, vide FIR RC 0152008A0003, was registered on 24/2/2008 by the Superintendent of Police, CBI, Bhubaneswar against the petitioner under Sec. 13(1)(d) read with Sec. 13(2) and Sec. -7 of the Prevention of Corruption Act, 1988. As per the complaint, the CBI planned a trap in his railway residence on 24/2/2008 during the proposed evening. The CBI team and the complainant reached at the residence of the petitioner at about 19.00 hours evening. The complainant entered the drawing room of the bungalow of the petitioner and handed over the tainted G.C. notes amounting to Rs.1,000.00 (rupees one thousand) only to the petitioner and the CBI caught the petitioner red handed. On the basis of such complaint, RC Case No.03 of 2008 was registered in the Court of the learned Special Judge, CBI, Bhubaneswar, and on being charge sheeted, the accused stood trial in T.R. Case No.33 of 2008 in the Court of the learned Special Judge, CBI, Bhubaneswar.

(3.) Mr. S.K. Padhi, learned Senior Counsel appearing along with Mr. S.S. Mohanty, learned counsel for the petitioner vehemently contended that the, on the basis of the complaint lodged, the CBI registered a case against the petitioner under Sec. 13(1)(d) read with Sec. 13(2) and Sec. 7 of the Prevention of Corruption Act, 1988 on the basis of trap, in which the petitioner was caught red handed while taking a sum of Rs.1000.00 as illegal gratification for writing prescription for a railway employee. As such, R.C. Case No.3 of 2009 was registered in the Court of the learned Special Judge, CBI, Bhubaneswar, which formed the subject matter of the trial in T.R. No 33 of 2008. After due adjudication the petitioner was honourably acquitted vide judgment dtd. 22/12/2022. While the matter was subjudice before the learned Special Judge, CBI, Bhubaneswar, a departmental proceeding was initiated against the petitioner and the petitioner was issued with a memorandum of charge on 9/1/2009. Basing upon the charge, the order of punishment was imposed by the disciplinary authority withholding 100% of the monthly pension on permanent basis and forfeiting the entire gratuity admissible to the petitioner vide order dtd. 19/12/2012.