DEVENDRA NATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition Under Section 482, Cr.Pc is directed against the order dated 12th May, 1989, by which, the Special Judge, ACD Cases, Jodhpur, bas framed charges against the petitioner Under Sections 420, 457, 468, 471/120B, IPC and Under Section 5(l)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947 (for short, 'the Act').

(2.) DURING famine relief operations, some gravel roads were constructed in Banner District. The present case relates to the construction of the gravel road from Setraw to Bhunia Zone (I), 10.0 Kms. to 29.10 Kms. The construction of this road was sanctioned by the State Government. Tenders were invited from the registered contractors, by the Superintending Engineer, Jodhpur, and the tender was passed in favour of one Doshi, his being the lowest quotation.

(3.) THE allegation against the petitioner is that Bhagwan Singh, who used to maintain the measurements, had prepared the bill: the A.En. Umakant Awasthi had checked the bill; but, the petitioner, without checking it properly countersigned the bill and sanctioned it. So, he was charge -sheeted Under Section 120B, for conspiring in giving advantage to the contractor and putting the Government to loss. Before filing of the challan, the State Government was moved to accord sanction for the prosecution of the petitioner, and the same was granted on 18th January, 1986. The petitioner was then challaned; and after hearing both the parties, the trial court framed charges against the petitioner, as mentioned in the impugned order.