SATYA NARYAN SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner seeks quashing of the impugned order dated 12.09.2014, passed by learned Special Judge, Vigilance, Muzaffarpur in Special Case No.01 of 2007, arising out of Vigilance P.S. Case No.1 of 2007 whereby application filed by the petitioner under Section 239 Cr.P.C. for discharge.

(2.) A short fact of the case, as per the written information made in Vigilance P.S. Case No.1 of 2007, registered under Sections 467/468/ 471/409/109/120(B) of the Indian Penal Code and Sections 13(2) read with Section 13(1)(D) of the Prevention of Corruption Act, is that on enquiry on the complaint filed by one Premchand Ojha finding, the informant, an official of the Vigilance Department found material regarding corruption against one Dr. Ramyash Ram, the then Civil Surgeon, Muzaffarpur as well as against one Ramnandan Choudhary, Head Clerk in the office of the Civil Surgeon, Muzaffarpur. It is alleged that against non-existing units, employees were shown posted there and thereafter transferred to some other places and in that way their services got regularized and in that criminal conspiracy one Dr. K.N. Kedia the then Civil Surgeon, Muzaffarpur, presently retired, and one Ravindra Tiwary, again a retired Clerk of the Civil Surgeon Office were also found involved. The specific allegation with regard to the petitioner is that he got posted such person in the unit, not sanctioned by the government, and payment was made to that person accordingly, the government money has been misappropriated by the petitioner Dr. Satya Narayan Sharma who at the relevant point of time was Medical Officer Incharge of the Primary Health Centre, Kanti. One Manoj Kumar, the then Clerk of the Primary Health Centre was also found involved prima facie in this matter.

(3.) Learned counsel appearing on behalf of the petitioner submits that the petitioner was a Medical Officer Incharge of the Primary Health Centre, Kanti and only allegation is that he paid four months' of salary to one Pushpa Lata Kumari, A.N.M., posted at Additional Primary Health Centre, Panapur. It is not the case that the appointment of Pushpa Lata Kumari was made by this petitioner. The salary was paid by the Civil Surgeon Office, the total amount of salary for the four months is Rs.12,350/-. The said Pushpa Lata Kumari is still working. The learned trial court without looking to the evidence collected during investigation against the petitioner has rejected the discharge petition. The trial court should have considered the evidence collected during investigation only in order to get satisfied whether a prima facie case is made out or not raising strong suspicion against the petitioner for framing of charge. Learned counsel for the petitioner in support of his contention has placed reliance on some decisions as (Dilawar Balu Kurane v. State of Maharashtra, 2002 2 SCC 135), (State of Orissa v. Debendra Nath Padhi, 2003 2 SCC 711), (Sajjan Kumar v. C.B.I., 2010 9 SCC 368 ) and (Union of India v. Prafulla Kumar Samal, 1979 3 SCC 4).