SHARAVAN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) Petitioner, Sharavan Kumar, has filed this application for quashing the order taking cognizance, dated 22.4.2006, passed in Special Case No. 21 of 2002 arising out of vigilance PS Case No. 7 of 2002 by Special Judge, Vigilance, Patna, for offences under Sections 420, 465, 466, 467, 471, 477-A, 201, 109 and 120-B of the Indian Penal Code and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988.

(3.) On the complaint of a Member of Legislative Assembly, vigilance enquiry was initiated against Ashok Kumar Singh, IAS, the then Managing Director, Bihar State Financial Corporation, on certain allegations. This enquiry was entrusted to the Deputy Superintendent of Police, Vigilance. The enquiry was conducted to allegations of defalcation of money, appointing his relative as an Advocate and payment of heavy legal fee to him, illegally sanctioning lacs and crores as loan, helping scamesters of Animal Husbandry Department and creating two organisations, namely, "Samvedna" and "Green Earth India" for raising donations from loanee, entrepreneurs as well as acquiring various immovable properties at different places. This enquiry continued for a prolonged period. Ashok Kumar Singh, who was expecting his promotion and deputation at Centre was anxious for conclusion of enquiry. Petitioner, who was an advocate, was engaged as a lawyer for filing a writ petition for a direction for conclusion of the vigilance enquiry. Writ application was disposed of with a direction to concluded enquiry within a time scheduled. It was not conclude within the time schedule, as such, petition for contempt was filed. Show cause was filed by the Director General of Police, Vigilance, along with the report of the Deputy Superintendent of Police, Vigilance. The Vigilance Commissioner gave an undertaking to complete the enquiry within six months. In spite of undertaking the enquiry continued endlessly. Finally vigilance PS Case No. 7 of 2002 was instituted on 20.8.2002 on the report of the Deputy Superintendent of Police, Vigilance. In the first information report petitioner was also made an accused. Allegation against the petitioner is related to his appointment by the Board of Directors of the Bihar State Financial Corporation as Advocate of the Bihar State Financial Corporation and his functioning as the Secretary of the NGO, "Green Earth India".