ASHOK KUMAR JALLAN Vs. STATE OF ODISHA

JUDGEMENT

(1.) Heard learned counsels for both the Parties.

(2.) By means of this application, the Petitioners seek to quash the order dtd. 20/6/2011 passed by the learned Special Judge, Vigilance, Sambalpur in connection with CTR Case No.37 of 2007 arising out of Sambalpur Vigilance P.S. Case No.40 of 2004.

(3.) The background facts of the case are that Petitioner No.1 is the Managing Director of M/s. Orient Constructions Private Limited, Sambalpur, and Petitioner No.2 is the Power of Attorney holder of the said company. M/s. Orient Constructions Private Limited, Sambalpur, was entrusted with the construction of the Karamdihi-Subdega-Talsera-Balisankara and Luhakera Road, extending over 37 kilometres. The Executive Engineer (R&B) Division, Sundargarh, along with the Assistant Engineer and the Junior Engineer of Rajgangpur Sub-Division and Subdega Sec. , were responsible for supervising the said construction work as the departmental technical officers. During the course of the construction, allegations arose regarding the execution of work being substandard in nature, whereupon an enquiry was initiated. In the course of inspection by the technical wing of the Vigilance Department, conducted in the presence of the Petitioners and other concerned officials, it was detected that, despite the substandard work executed by the contractor, an excess payment of Rs.11,34,990.00 had been made to the contractor. It was further revealed during the inspection that the co-accused, namely, Albert Ekka, the then Executive Engineer, along with the Assistant Engineer and Junior Engineer, by abusing their official positions, showed undue official favour to the contractor, M/s. Orient Constructions Private Limited, represented through the Petitioners, and permitted the execution of substandard work, thereby causing loss to the Government to the extent mentioned above.