MADHUSUDAN DASH Vs. STATE OF ODISHA

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure (in short, "Cr.P.C.") assailing the order of cognizance passed by the learned Special Judge, Vigilance, Cuttack against the present petitioner and others in T.R. Case No.47 of 2016 by order dated 25.11.2016 for the offences punishable under section 13(2) read with section 13(1)(c) of the Prevention of Corruption Act, 1988 (in short, "P.C.Act") read with Sections 409/465/468/471/ 420/120-B,I.P.C.

(2.) The petitioner assails the impugned order so far as he only is concerned on the ground that the cognizance has been taken wrongly by the learned trial court in absence of valid sanction of the competent authority to prosecute the petitioner for the alleged offences.

(3.) The prosecution case is that while the petitioner was working as Block Development Officer of Rasulpur Block, an allegation of misappropriation of Government money was reported and an enquiry was taken up. In course of enquiry, it was found out that one "Dapanala" an industrial canal located in Odisho Grama Panchayat of Rasulpur Block, Jajpur belongs to the Minor Irrigation Division, Cuttack. The said Irrigation Division framed estimate of Rs.3,00,000/-(three lakh) on 04.10.2008 for renovation work of the canal and completed the work between 25.02.2009 to 26.03.2009. But, it was alleged that the same work was again taken up for execution by Odisho Grama Panchay at under NREGS 2008-09. One co-accused, Junior Engineer, prepared an estimate of Rs.5,00,000/-(five lakh) on 19.05.2009 and it was sanctioned by another co-accused Assistant Engineer. The Sarpanch of concerned Grama Panchayat provided administrative approval and issued Work Order on 20.05.2009 in favour of the Executive Officer of the said Grama Panchayat. The said work was shown to be completed on 15.06.2009 and final bill of Rs.2,22,260/- was paid. It was found out that neither the permission of the Irrigation Division was taken to undertake the said work nor it was actually taken up since it was completed earlier by the concerned Irrigation Division. It was found out that the present petitioner as the then B.D.O. of Rasulpur Block, had instructed for preparation of estimate in the month of May, 2009 and had also passed orders for issuance of muster rolls to the concerned Executive Engineer and Junior Engineer of the Block for the alleged project. He had also recommended some job cards without recommendation of the concerned Grama Panchayat. Finding the allegations to be prima-facie true, the chargesheet was prepared and sanction was sought for from the concerned competent authority of the present petitioner and separately for other coaccused persons. So far as the other co-accused persons are concerned, sanction was accorded by the concerned authority. But so far as the present petitioner is concerned the appropriate authority namely, General Administration Department of the Government of Odisha refused to accord sanction against the present petitioner mentioning that orders have been passed for initiation of departmental proceeding against the present petitioner for his lack of supervision of the work on the grounds of gross negligence of duty in violation of NREGS guidelines and loss of government money. The said rejection order was issued on 22nd August, 2016.