SAROJ KUMAR MISRA Vs. STATE OF ODISHA (VIG )

JUDGEMENT

(1.) The appellant/petitioner Saroj Kumar Misra who was the Executive Engineer, NH Division, Berhampur during the year 2002 to 2004 and then posted as Superintending Engineer, Rural Works, Bhubaneswar at the time of filing of the appeal and has retired on suspension in the meantime, has filed this misc. case under section 389 of Cr.P.C. for suspension of his conviction passed by the learned Special Judge (Vigilance) , Phulbani in G.R. Case No. 08 of 2013 (v) (T.R. No.08 of 2013) vide impugned judgment and order dated 13.12.2016 in convicting him under section 13(2) read with section 13(1) (d) of the Prevention of Corruption Act, 1988 (hereafter '1988 Act') and sentencing him to undergo rigorous imprisonment for two years and to pay a fine of Rs.2, 000/- (rupees two thousand) , in default, to undergo further R.I. for one month.

(2.) The petitioner Saroj Kumar Mishra along with coaccused Sudarsan Sahani, Prasanta Kumar Patra and Abakash Padhy were charged under section 13(2) read with section 13(1) (d) of the 1988 Act along with offences punishable under sections 420, 468, 201 and section 120-B of the Indian Penal Code on the accusation of misappropriating government money to the tune of Rs.1, 50, 000/- (one lakh fifty thousand) in connivance with each other.

(3.) The prosecution case, in short, is that pursuant to an allegation of misappropriation of government money of Rs.1, 50, 000/- by showing false execution of pot-hole repair work in NH 217 from 147 K.M. to 171 K.M. in the year 2004, an enquiry was taken up, in course of which it was ascertained that during the period 2002 to 2004, Sudarsan Sahani was the S.D.O. of NH Sub-division, Balliguda, petitioner Saroj Kumar Mishra was the Executive Engineer, NH Division, Berhampur and co-accused Prasanta Kumar Patra was the Junior Engineer of NH Section, Balliguda. During the said period, an estimate was made relating to periodical renewal of NH 217 and the same was sanctioned and agreement was executed on 19.02.2004 with contractor Sri Arun Kumar Choudhury relating to P.R. Coat of NH 217 from 148 KM to 154 KM for an amount of Rs.36, 98, 199/- with date of commencement and completion from 19.02.2004 to 18.06.2004 and further time extension was given upto 30.01.2005. The enquiry further revealed that while the said agreement was subsisting, another agreement was executed for the same portion of work with co-accused Abakash Padhy overlapping the earlier agreement with an estimate of Rs.4, 64, 881/- with the date of commencement and completion from 10.09.2004 to 09.02005. After execution of agreement with co-accused Abakash Padhy, co-accused Prasanta Kumar Patra made necessary entries relating to pot-hole repair work in the measurement book and an amount of Rs.1, 50, 000/- was paid to co-accused Abakash Padhy on 14.10.2004. It further came to light that pot-hole repair works from 147 KM to 171 KM was not actually executed and false bills were prepared and payment of Rs.1, 50, 000/- was shown. The Superintending Engineer, NH Circle (South) , Bhubaneswar conducted an inspection and came to the conclusion that the agreement drawn by the Executive Engineer, NH, Division, Berhampur was unauthorized as another agreement over the same patch was already in force and it was further found that inflated rates were given to the Contractor in order to give undue financial benefit for executing pot-hole repair works and that the measurement books were not produced before him for his scrutiny.