RAMA SHANKAR TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner is sought to be put on trial with accusations of making illegal appointments of 77 Grade III and Grade IV employees in the Bihar Intermediate Council while acting as Education Secretary, Government of Bihar and also Incharge of Bihar Intermediate Council during its supersession in the year 1988. Allegedly these appointments were made on the recommendation made by the subordinate officers, which were not legally sanctioned by the Government, and even guidelines and instructions issued by the Government from time to time for observing them in making appointment to Government posts were grossly violated by the petitioner.

(2.) Appointments so made are sought to be justified by the petitioner on excuses that since Government had taken a decision for holding of intermediate standard examinations by the Intermediate Council, Intermediate Council had to be equipped with necessary infrastructure to cope with the load of work and that had necessitated appointment of staff to meet exigency of the situation. Defence was that apart from these exigencies, appointments so made by the petitioner against posts were eventually sanctioned by the Chief Minister vide order dated 12th November, 1998.

(3.) It seems that after conclusion of investigation when cognizance of the offence both under Sections 120(B) and 109 of the Indian Penal Code and also under the Prevention of Corruption Act (P.C. Act) was taken by the Special Judge, Vigilance, Bihar, since there was neither valid sanction under Section 19 of the P.C. Act, by competent authority nor the Central Vigilance Commission had accorded its consent for prosecution of the petitioner under the P.C. Act, petitioner invoked jurisdiction of this Court challenging the order dated 28.5.1994 passed in Special Case No. 87 of 1990 by Special Judge, Vigilance, Patna in Cr. Misc. No. 11841 of 1996. The aforesaid Criminal Miscellaneous was admitted and proceeding in the court below was stayed. However, since there did not appear to be valid sanction accorded by the competent authority as enjoined under Section 19 of the P.C. Act and also that Central Vigilance Commission had not accorded consent for prosecution of the petitioner under the P.C. Act, while that part of the cognizance was set aside by the Bench. No conclusive finding could be recorded so far prosecution of the petitioner under Sections 120B and 109 of the Indian Penal Code was concerned and the matter was left before the Court below for reconsideration. Again after the ball came in the courtyard of the court below, the learned Special Judge finding no bar in taking cognizance of the offence under the P.C. Act, reaffirmed his previous order so far as prosecution of the petitioner under Sections 120B and 109 of I.P.C. Act was concerned. Aggrieved petitioner again took recourse to judicial authority and moved this Court in Cr. Misc. No. 5598 of 2002 for quashing of the order dated 15.1.2002 passed by the Special Judge in which cognizance under two Sections of I.P.C. had been affirmed and the court below had held that since cognizance had already been taken under those sections, no fresh order of cognizance was required to be taken. This time too the order of Special Judge was set aside by Bench of this Court and the matter was remitted back to the court below for disposal with some observation as the impugned order was found wanting on the evidence, that were collected by the vigilance during investigation.