ANPURNA KUMARI Vs. STATE OF BIHAR THROUGH THE ADDITIONAL DIRECTOR GENERAL, CABINET VIGILANCE INVESTIGATION BUREAU-VI, CIRCULAR ROAD, PATNA

JUDGEMENT

(1.) BOTH Cr.W.J.C. No. 593 of 2008 as well as Cr.W.J.C. No. 596 of 2008 are taken up together, as both the writ petitions arise out of the Vigilance P.S. Case No. 19 of 2005, dated 12.12.2005, under Sections 420, 467, 468, 471, 477A, 201 and 120B of the Penal Code read with Sections 13 (2) and 13(1) (d) of the Prevention of Corruption Act, 1988 bearing Special P.S. Case No. 30 of 2005.

(2.) THE petitioners seek for quashing of entire criminal proceeding pending before the Special Judge, Vigilance -I, Patna in Vigilance P.S. Case No. 19 of 2005 as well as order dated 15.5.2008 taking cognizance of offence under Sections 420, 467, 468, 471, 477A, 201 and 120B of the Penal Code and Section 10 of the Bihar Examination Conduct Act, 1981. The petitioners have further prayed to declare that their names have been illegally included in the charge sheets. The petitioners have sought quashing of the criminal prosecution on the ground that the learned Special Judge, Vigilance lacked jurisdiction to take cognizance of offence under Penal Code or other law, without taking cognizance of offence under the P.C. Act first.

(3.) THE petitioners are Class -Ill employees in the services of the Government of Bihar. The Bihar Public Service Commission published an advertisement bearing no. 4/93 for appointment to the post of Bihar Administrative Service from limited examination amongst the employees of the Government. The petitioners were selected in the examination and their names were recommended for the appointment to the post of Deputy Collector. In the meantime complaints were received about bungling in the selection process which led to an enquiry by the Cabinet Vigilance Investigation Bureau.