LAWS(ORI)-2007-12-12

GODABARI SAHU Vs. STATE OF ORISSA

Decided On December 21, 2007
Godabari Sahu Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) THIS revision is directed against the Order Dated 04.06.2007 passed by the Special Judge (Vigilance), Berhampur in G.R. Case No. 2 of 1995 (V) rejecting an application filed by the Petitioner under Section 239 Cr.P.C.

(2.) THE Petitioner has been implicated for commission of offence under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act. Case of the Petitioner is that initially he entered into the service of Orissa Road Transport Company (a private company) as a Lower Division Clerk on 02.12.1964. In June, 1979, he was promoted as a Junior Accountant. On 13.08.1990, the said company was taken over by the Orissa State Road Transport Corporation. Thereafter, the Petitioner was promoted to the post of Public Relation Officer. According to the Petitioner, one J. Rama Chandra Rao, Inspector of Police (Vigilance), who had personal enmity with him, raided his house and office after obtaining search warrant from the Court and ultimately submitted charge sheet showing disproportionate assets to the tune of Rs. 5, 87, 384/ - in his possession without taking into consideration his income from different sources to the tune of Rs. 8, 72, 435/ -. As, according to the Petitioner, he is not a public servant, he filed a petition praying for discharge. But, the Learned Special Judge (Vigilance), by the impugned order, rejected the said application, with the finding that there is prima facie case against the Petitioner for being in possession of assets disproportionate to his known sources of income,

(3.) LEARNED Additional Standing Counsel for the Vigilance Department, on the other hand, vehemently contends that the Petitioner is a Government Servant. The Gazette Notification dated 14.08.1990 clearly reveals that the entire organization of the O.R.T. merged with the O.S.R.T.C, a Government of Orissa undertaking with effect from 16.08.1990 and all the employees became the employees of the O.S.R.T.C.