RAM LALIT SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application under Art. 226 and 227 of the Constitution of India is for quashing the order dated 21.10.2014 passed in Complaint Case No.72 of 2013 by the learned Special Judge, Vigilance (North Bihar) at Muzaffarpur, whereby the Superintendent of Police/Station House Officer of the Vigilance Investigation Bureau, Patna has been directed to register an FIR against the petitioner and other erring persons and to investigate the matter and to submit report.

(2.) A complaint petition (Complaint Case No.72 of 2013) was filed by the respondent no.6 Sudhir Kumar Ojha under Sec. 13 of the Prevention of Corruption Act with averment that the petitioner was posted for 33 years at Primary Health Centre, Sakara as Primary Health Worker. He was transferred by the order of the Civil Surgeon to Primary Health Centre, Katra vide transfer letter no.1496 dated 06.06.2009. However, the petitioner did not report to the Primary Health Centre, Katra and remained away from duty in between 07.06.2009 to 12.07.2010. Later on, in collusion with the staff and authorities of the Health Directorate, Patna and Civil Surgeon office, Muzaffarpur, the petitioner received salary for the aforesaid period of his absence by filing false affidavit, as such, committed fraud with the public exchequer and was involved in defalcation and misappropriation of the public money causing revenue loss to the State. The aforesaid complaint petition was filed on 15.05.2013 and on 17.05.2013 the learned court below passed the following order vide Annexure-2:-

(3.) Thereafter preliminary report of the Superintendent of Police, Vigilance was received and the impugned order has been passed.