SUDHANSU SEKHAR NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner Sudhansu Sekhar Nayak has challenged the impugned order dated 27.02.2008 passed by learned Special Judge (Vigilance), Jeypore in G.R. Case No. 29 of 2002 in framing charges under section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act, 1988 (hereafter '1988 Act') and sections 420 , 477-A and 120-B of the Indian Penal Code . The said case arises out Berhampur Vigilance P.S. Case No. 29 of 2002.

(2.) The prosecution case, as per the First Information Report dated 13.06.2002 lodged by Sri U. Rama Rao, D.S.P., Vigilance, Rayagada Unit before the Superintendent of Police, Vigilance, Berhampur Division, Berhampur is that during enquiry into the allegation of bungling in purchase of cement by the officers of O.T.D.P., Kashipur during the year 1997, it came to light that for execution of project civil works, it was decided to purchase OPC 43 grade of IDCOL cement through authorised stockists of IDCOL cement and to supply it to the contractors. The cost per bag of OPC 43 grade cement was fixed to Rs.134.00 inclusive of all taxes, loading and unloading charges and transportation charges from Rayagada to Kashipur. One J.E. was entrusted to remain in charge of the store to receive the stock of cement from the authorised dealer in good condition, maintain the stock and store register and issue the same to the contractors as per the orders of competent authority. He was also to certify on the credit bills of suppliers of cement in respect of receipt of the stock in good condition and to account it for in the stock register. On the basis of the certificate of the store keeper (J.E.), the bills were being passed for payment by the Project Manager.

(3.) During course of investigation, it was found out that during the period from 01.04.1997 to 14.11.1997 Sri Dusmanta Kumar Singh, Proprietor, M/s. Sriram Enterprises, Rayagada had supplied 49,800 bags of OPC 43 grade cement to O.T.D.P, Kashipur @ Rs.133.70 paisa per bag and received payment of Rs.66,98,260/-. The petitioner who was in charge of Store had given certificates on the credit bills of the supplier that he received 43 grade IDCOL cement and accordingly made entries in the Stock Register. During investigation at IDCOL godown, Khaliguda at Rayagada, it revealed that the firm had 6896 bags of 43 grade cement during the period 01.04.1997 to 14.11.1997. The suppliers also could not produce any documents in support of purchase of 49,800 bags of IDCOL 43 grade cement which was shown in stock register O.T.D.P., Kashipur. Thus it was assumed that Sri Dusmanta Kumar Singh had supplied the rest 42,904 bags of slag cement to O.T.D.P. and managed to get certificate from the petitioner to have supplied 43 grade cement and received full payment and also made profit of Rs.2,14,520/- by submitting false bills in connivance with the petitioner. The value of 43 grade IDCOL cement per bag was Rs.133.70. Hence the cost of 6896 bags of IDCOL 43 grade cement was Rs.9,21,995.00 and the cost of 49,800 bags of IDCOL cement was Rs.66,58,260/-. During that period, the cost of OPC grade cement was less than Rs.5/-and Rs.128.70 net. The cost of OPC 42904 bags of cement was Rs.55,21,744.80. Thus, Sri D.K. Singh, Proprietor, M/s. Sriram Enterprises derived a pecuniary benefit of Rs.2,14,520.00.