YUMNAM MUNINDRO MANGANG Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This application has been filed by the petitioner apprehending arrest in connection with the FIR No.4(8)2019V&ACPS under Section 120-B read with Section 420 IPC and Section 13(2) read with Section 13(1)(c)(d) of Prevention of Corruption Act, 1988.

(2.) The case of the prosecution is that on 7.8.2019, the Deputy Superintendent of Police, Vigilance & Anti-Corruption Police Station, Manipur, lodged a complaint stating that during the course of discreet verification of vigilance case No.21/V/SP-V&AC PS/2019, 22 numbers of work programs which are to be executed in various areas of Imphal West District had been issued by Building Division No.II, Public Works Department, Manipur, however, none of the works are found to have been executed properly and the petitioner, who is the Executive Engineer/Building Division No.II, PWD, Manipur had released and paid a sum of Rs.421.72 Iakhs to the Contractors without the execution of works and also without necessary documents. It is alleged that the petitioner, in connivance with the Contractors and other unknown public servants and also private persons indulged in activities causing large scale misappropriation of public money.

(3.) According to the petitioner, by virtue of his service and position, he had issued 22 different work orders viz., one work order on 10.3.2016; Eight work orders on 14.2.2018; Six work orders on 16.2.2018; Five work orders on 16.4.2018 and Two work orders on 19.4.2018. As soon as the work orders were issued, the respective Contractors started to execute the works. According to the petitioner, the Government issued instructions and directions to complete the bills for payment to the Contractors and other financial liabilities for the financial years 2017-18 and 2018-19. The respective Contractors have also submitted the completion report to the Office of the Executive Engineer through the officials and completion certificates were issued after checking by the Assistant Engineer/Section Officer. Since the funds of the above said 22 work orders of the respective works were going to be lapsed, the petitioner has caused to release the payments to the concerned Contractors. While that being the fact, an FIR has been registered against the petitioner and five Contractors in connection with the above contract works and payments of their respective works were made within the limits of the estimated cost. As such, the Government does not incur any financial loss. Hence, on the apprehension of arrest, the petitioner has filed the present application.