OM PRAKASH GUPTA AND Vs. STATE OF BIHAR

JUDGEMENT

(1.) In these applications, the petitioners have prayed for quashing the criminal proceedings including the order dated 5-1-1996 passed by the Special Judge, Vigilance, whereby he has directed to frame charges against the accused persons including the petitioners in an offence punishable under Sections 420, 201 read with Section 120-B of the Indian Penal Code as well as under Section 13(1) and 13(2) of the Prevention of Corruption Act. The petitioners are the proprietor of Ashiana Plaza and the Electrical Executive Engineer of the Electricity Board respectively.

(2.) One Ram Kripal Singh, Sub-Inspector, Vigilance Cell, Patna had filed a case before the Officer-in-Charge, Vigilance to the effect that Shri Ramghan Yadav, Member, Bihar State Electric Supply Workers Union has written a letter to Shri Bibhuti Kavi, Member,Bihar Legislative Council and on the basis of which an enquiry was instituted. It is alleged that Ashiana Plaza having Consumer No. 131068 provided a load of 10 K.W. It is alleged that on 15-3-1991, the Meter Reader, Shri Suresh Choudhary had recorded the consumption of 9,25,314 Units and information to that effect was communicated to Shri Purshottam Singh, Electrical Executive Engineer, Patna who had also made verification of the consumption of units. It is alleged that the bills were not raised on the basis of the said meter reading. It is further alleged that the Executive Engineer had directed the Assistant Electrical Engineer to test the meter of the consumer and accordingly, a test meter was installed on 25-3-1991 which remained till 23-5-1991 for 101 hours who had submitted his report to the Electrical Executive Engineer. It is alleged that that on the basis of the said report, the Electrical Executive Engineer had directed for raising bills on the basis of 2160 units. It is further alleged that the meter installed in the premises including the Test Meter, were not deposited in the office. It is further alleged that all the accused persons, in conspiracy, had raised bill on lesser units in order to deprive the Electricity Board of the huge revenue. Accordingly, a criminal case was instituted against the Electrical Executive Engineer, Shri Purshottam Singh and the Assistant Electrical Engineer under Section 13(1)(c)(d) read with Section 13(2) of the Prevention of Corruption Act as well as under Sections 120-B, 420 and 201 of the Indian Penal Code. The proprietor of Ashiana Plaza was also mentioned in the column of the accused in the First Information Report.

(3.) Learned counsel for the petitioners have challenged the very initiation of the criminal proceeding against the petitioners on the solitary ground that the allegations made in the First Information Report have already been enquired into by the High Level Committee constituted on the instructions of the Bihar Electricity Board headed by the Electrical Superintendent Engineer, PESU as the Chairman of the Committee. The same very allegations were the subject-matter of consideration before the Committee. The Committee after taking into consideration all aspects of the matter exonerated the accused persons of the charges levelled against them and as such, the petitioners cannot be prosecuted for the same charges particularly when the recommendation of the Committee had been accepted by the disciplinary authority viz. the Chairman of the Board. A copy of the Inquiry Report is made Annexure-18 of the supplementary affidavit.