R.K. RANGA Vs. STATE OF HARYANA

JUDGEMENT

(1.) SHRI R.K. Ranga, an I.A.S. Officer posted as Senior Regional Manager, Food Corporation of India, Regional Office at Chandigarh, has filed the present petition seeking quashment of FIR No. 10/R dated 6.1.1997 registered at Police Station Civil Lines, Rohtak.

(2.) ACCORDING to the petitioner, he is an I.A.S. Officer of 1976 batch and has been allocated to the State of Haryana. The aforesaid FIR has been registered against him and others under Section 3(i)(b) of the Prevention of Black Marketing and Maintenance of Supplies Act, 1980, read with Section 7 of the Essential Commodities Act, 1955 and Sections 109, 199, 200 and 120-B of the Indian Penal Code. The quashment of the said FIR is being sought by the petitioner by alleging that even if all the allegations, as levelled in the FIR, are accepted as correct ex facie, those allegations do not constitute any offence at all under the provisions of the Essential Commodities Act or under the various sections for which the case has been registered. According to the petitioner the Police wanted to register a case against him for extraneous reasons. The FIR was registered only to be utilised for invoking the Police powers for a fishing expedition and not to investigate any offence which could be alleged to have been committed by the petitioner. The ingredients of Section 415 of the Indian Penal Code, which defines 'Cheating', have also not been prima facie attracted. The allegations of the FIR are based on hearsay and rumors, which is no evidence in the eyes of law. The petitioner belongs to a political family and is married to the daughter of late Shri Dalbir Singh, who was a Minister in the Central Government and was also the President of the Haryana Pradesh Congress Committee. The sister-in-law of the petitioner had been a Minister of State in the Union Council of Ministers and is presently a sitting Member of Parliament (Lok Sabha), having been returned on the Congress ticket from Sirsa. The present Government of Haryana is politically opposed to late Shri Dalbir Singh and the present FIR is the result of political enmity between the family of the petitioner and that of the present administrators of the Government of Haryana. Since the Haryana Government was annoyed with the petitioner on account of the variation in the policy of the FCI and the one prepared by the State Government, therefore, the petitioner has been implicated in the said FIR. The allotment of wheat which was to be made by a Member Committee comprising Senior Regional Manager, F.C.I. Haryana Region an Chairman, and Director Food and Supplies, Haryana, Joint Manager (Finance and Account) as members, was constituted to decide about the allotment of wheat. The applications from prospective buyers were invited at District level by giving wide publicity through leading dailies circulated in Haryana. After receipt of applications, a policy decision about allotment of wheat to various categories viz. Chakkis, traders and roller flour mills, was taken which was communicated to the District Offices for necessary compliance. The State Government wanted that the allotment of wheat should be through the Deputy Commission, whereas the anxiety of the petitioner was to abide by the directions of the F.C.I. The political heads of the State Government were not satisfied with the style of decisions taken by the petitioner, and, therefore, a false FIR has been recorded against the petitioner and others for those alleged offences which possibly could not be committed by the petitioner. According to the petitioner, he has been made a scape-goat and an attempt has been made to teach him a lesson for not being able to work as per the wishes of the State Government. The allegations in the FIR are vague so as to constitute any offence at the level of an officer. The allegation, in fact, have been irresponsibly made in a general term and no the basis of casual allegations, no investigation can be conducted.

(3.) NEED not to mention here that vide my separate order of even date, I am also disposing of an application under Section 438, Cr.P.C., which had been filed by present petitioner Shri R.K. Ranga. While dealing with that file, further role, with had been attributed to the present petitioner, is that Shri Ranga did not adhere to the terms and conditions of the Open Market Sale Scheme and the guidelines issued by he FCI; rather he sent telephonic massages to the staff posted at Rohtak for allotting a huge quantity of wheat to some desired persons without making any verification of their genuineness, and thus he cheated the Food Corporation of India as well as the Public in general and small traders in connivance with one Shri A.K. Sharma, partner of M/s. Laxmi Engineering Works and Allied Industries. Shri Sharma has also given in writing to the authorities that the concern M/s. Laxmi Engineering Works and Allied Industries was not functioning for the last 2/3 years. In spite of the fact that this fact was brought to the notice of Shri R.K. Ranga, he ordered for the allotment of wheat running to 5,000 qunitals on telephone at the rate of Rs. 490/- per quintal. Said wheat was sold to one Rajesh Kumar, who is also an accused of this FIR, at the rate of Rs. 545/- per quanital. Said Shri Rajesh Kumar sold wheat at Delhi at the rate of Rs. 631/- per quintal. The wheat, in fact, was supposed to be sold in the form of wheat products, such as Atta, Suzi and Maida. It is also the allegation of the prosecution that one Shri Daya Nand, who is also rebelled as an accused in this case, was favoured by Shri R.K. Ranga by accepting his application on 17th November, 1996, in his office at Chandigarh, from where the allotted 2000 quintals of wheat to this person. This wheat was also lifted by Rajesh. In this manner several instances came to the notice of the Investigating Agency, prima facie showing the involvement of the petitioner.