DIBAKAR DAS Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) Mr. S Dutta and Mr. J. Tikkom, learned counsel for the petitioner. Ms. A. Gayan, learned Central Government Counsel for Respondent Nos. 1, 2 and 3.

(2.) This petition under Article 226 of the Constitution is directed against the order dated 11.2.2015 passed by the Central Administrative Tribunal, Guwahati Bench, whereby it has dismissed petitioner's O.A. No.99/2013.

(3.) Facts in short are these. During the relevant period, the petitioner was working as Junior Engineer (Civil) in the Post and Department. The Executive Engineer of that Department awarded a construction work of 70 meter high microwave tower foundation at Goalpara to one contractor - Pabitra Sinha. The work involved casting of 4 Nos. of pit/footings. The casting work of one of the footings started on 9.2.1981. Sadly, the casting work was executed without using any cement and filling was done by earth, sand and boulder stones. Only a cement layer of about 3 inches was put on the top to suggest that the footing had been constructed as per specifications by using cement. On 11.3.2981, the petitioner made a bogus entry in the cement issue register showing release of 12.36 MT of cement for the casting of footing, in question. This was done to facilitate misappropriation of cement as the casting was completed on 20.2.1981 long before the alleged date of release of cement. The running bills submitted by the contractor were certified whereafter bills were paid to him. Later, when the department tried to raise further construction on the footing, it was discovered that no cement was, in fact, used in the casting of footing, in question. The Department, thus, suffered a pecuniary loss of Rs. 38,955.44/-. In the result, First Information Report was lodged and the petitioner along with other co-accused persons was prosecuted for offences under Section 5(2) read with 5 (1)(d) of the Prevention of Corruption Act and Sections 409, 477A, 120B and 420 of the Indian Penal Code.