BALARAM BAG Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellants Dr. Balaram Bag (CRLA No. 101 of 2012) and Gudla Uma Maheswar Rao (CRLA No. 125 of 2012) along with one Bhajaram Swain faced trial in the Court of learned Special Judge (Vigilance), Jeypore in G.R. Case No.20 of 1993(V)/ T.R. No. 77 of 2007 for offences punishable under section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act, 1988 (hereafter '1988 Act') and section 477-A read with section 34 of the Indian Penal Code on the accusation that the appellant Dr. Balaram Bag being a public servant employed as Block Development Officer (hereafter 'B.D.O.'), Nandahandi Block in connivance with the other two co-accused persons, by corrupt or illegal means or by otherwise abusing his position as public servant, obtained pecuniary advantage to the extent of Rs.4,72,878.67 paisa from 21.11.1991 to 01.06.1992 and also with further accusation that the appellant Dr. Balaram Bag in connivance with the co-accused persons in furtherance of their common intention being an officer (B.D.O.) under Government of Odisha willfully and with intent to defraud, altered certain papers and manipulated the official documents by accepting higher rate of tenders showing undue official favour to the co-accused persons.

(2.) The factual matrix of the prosecution case, in short, as per the first information report dated 03.09.1993 lodged by Sri Debadutta Pattnaik (P.W.18), Inspector of Police, Vigilance, Nawarangpur before the Superintendent of Police, Vigilance, Berhampur Division, Berhampur, is that the appellant Balaram Bag, OAS was posted as B.D.O., Nandahandi from 20.09.1991 to 24.07.1992. During his incumbency as B.D.O., he purchased 12,657.70 Kgs. of purlins/rafters @ Rs.23.50 paisa per kg. in bill Nos.326, 327, 328 and 329 all dated 12.05.1992, bill nos.332 and 333 both dated 20.05.1992 and bill no.106 dated 24.03.1992 from M/s. Maa Bhagabati Engineering Works, Jhaliguda, an unregistered firm without calling for quotation against the E.P.M. rate of Rs.12.99 paisa per kg. during that period. The cost of 12,675.70 kg. of purlins/rafters at the approved rate of Rs.12.99 paisa per kg. including the transportation cost of Rs.405/- from Jhaliguda to Nandahandi comes to Rs.1,64,828.52 paisa but appellant Balaram Bag paid Rs.2,97,456.00 paisa thus making excess payment of Rs.1,32,627.48 paisa to the firm abusing his official position as B.D.O. by showing undue official favour to the firm.

(3.) On the basis of such F.I.R., Berhampur Vigilance P.S. Case No.20 of 1993 was registered under section 13(2) read with section 13(1)(d)(ii) of the 1988 Act and section 477-A of the Indian Penal Code against the appellant Balaram Bag. P.W.18 was directed by the Superintendent of Police, Vigilance to take up investigation of the case and accordingly, P.W.18 carried out investigation from 03.09.1993 till 06.11.1993 whereafter he handed over the charge of investigation to P.W.20 Ramahari Mohapatra.