RAMESH KUMAR MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is application under section 482 of the Criminal procedure Code, 1973 (for short 'the Cr. P.C') assailing the order dates 26/24 08.2015 p 3ssed by the learned Special Judge (Vigilance), Cuttack n 7' R Case No. 28 of 2015 corresponding to Cuttack Vigilance P.S. Case No 57 of 2003 taking cognizance of the offences punishable under Sec. 13(1) (d) read with Sec. 13,2) of the Prevention of Corruption Act, 1988 (in short the P C Act) and Sections 468/420/ 120- B of the Indian Penal Code (for short 'the I P C ) against the petitioner and others.

(2.) The present petitioner was working as a Superintendent Engineer in Cuttack Development Authority (in short 'the CD A ') during the period 2000 to 2003. One writ application was filed before this Court vide O.J.C. No 9721 of 1999 alleging that there was misappropriation of public money by the officials of the C.D.A. in connivance with the contractor, who were entrusted with certain works by way of paying enhanced labour wages This Court after calling for affidavits from the concerned authorities observed by the order dated 001.2008 that no irregularity was found out calling for any investigation. There after, on 17.11.2008, D.S.P. (Vigilance) Cell, Cuttack lodged one F.I.R. with similar allegation of payment of escalated labour wages during the year 20002003 by the officials of C.D.A. in connivance with the concerned contractors. Pursuant to the said F.I.R., Cuttack Vigilance Case No 47 of 2008 was registered and the investigation was taken up. Shortly thereafter on 30.11.2008, the Inspector of Police (Vigilance) Cell, Cuttack lodged another F.I.R. (the present one, alleging corruption in the execution of works by the officials of CRN A during the period from 1999 to 200 The present petitioner who was an accused in the first F.I.R. challenged the registration of the said F.I.R before thus Court in CRLMC No. 2815 of 2008. This Court by order dated 19.02010 sued the soft F.I.R. with the observation that there was no material to sustain the allegation of execution of sub-standard work or unauthorized payment. The vigilance Department approached the Honourable Apex Court challenging order but the Honourable Apex Court refused to interfere with the order of this Court by its judgment dated 03.05.2011. Thereafter, the investigation was taken up in respect of the second F.I.R. where the present petitioner was also an accused and charge-sheet was submitted on 31.03.2015 for the offences as aforesaid with the submission that the present petitioner was net sent up for trial since the sanction for prosecution against the present petitioner was refused by the Government.

(3.) It is alleged that despite refused of sanction and non-submission of charge-sheet against the petitioner, learned Special Judge (Vigilance), Cuttack by the impugned order dated 26/24. C 8.2015 took cognizance of all the offences against the present petitioner and other accused persons observing that the overt-acts alleged/committed by the petitioner had no nexus with the performance of his official duty and hence, no sanction order was necessary either under Sec. 19 of the P C. Act or under Sec. 197 of the Cr. PC.