SHAKTI RANJAN SINGH SAMANTA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner by invoking jurisdiction under Sec. 482 Cr.P.C. prays for quashing of the criminal proceeding in connection with VGR Case No.8 of 2014 pending in the file of learned Special Judge (Vigilance), Keonjhar corresponding to Balasore Vigilance P.S. Case No.32 of 2014 registered under Ss. 13(2) read with 13(1)(c)(d) of the Prevention of Corruption Act, 1988 (in short 'the PC Act') besides Ss. 409 and 120-B IPC on the grounds inter alia that the same is not tenable in law.

(2.) Heard Mr. Nanda, learned Senior Advocate and Mr. Moharana, learned counsel for the Vigilance Department.

(3.) As per the pleading, if briefly stated, the petitioner while posted as the Junior Engineer, ITDA, Champua, Keonjhar during the period between 11/7/2011 and 7/10/2014 was entrusted with different works under Champua Block and Joda Block besides the construction in question related to a Permanent Crush Bond (PCB). Further pleaded that after approval of annual action plain for the year 2012-13 by the PLC, the estimate for the said work was prepared for Rs.10.00 lac and was technically approved by AE, ITDA and administratively by the PA, ITDA and it was entrusted to Pani Panchayat. However, in that connection, the FIR was lodged by the DSP, Vigilance, Keonjhar with the allegation of misappropriation of Govt. fund of around Rs.2.00 lac through substandard work and inflated measurement of PCB with a report that a technical inspection was held on 21/4/2014 during which excess payment of Rs.2,03,298.00 was detected thereby causing loss to the Government and consequently, Balasore Vigilance P.S. Case No.32 of 2014 was registered.