VIJAY KUMAR MEENA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) By this criminal misc. petition, a challenge is made to the order dated 25.11.2004 whereby cognizance was taken against the petitioner for offence under sections 420 or 120B read with 420 IPC and section 13(1) (d) read with section 13(2) of the Prevention of Corruption Act, 1988.

(2.) It is a case where FIR was registered on 29.7.2002 stating that construction work of one hostel block, dining hall including internal services in RTTC complex Phase-I, VKI Area, Jaipur and construction of 5 nos. type-II, 20 nos. type-III and 2 nos. type-V telecom staff quarters were to be undertaken by M/s Anil Construction Company, Jaipur and M/s Aries Constructions Company, New Delhi. It was found that accused petitioner committed a criminal conspiracy with Anil Construction Company with common object to extend undue pecuniary gain thus he had committed offence. The allegations further exist in regard to constructions of staff quarters including internal services in RTTC complex phase-I. The investigation was conducted and for filing charge sheet, prosecution sanction was given by the Department. On submission of charge sheet, cognizance was taken by the court below and is challenged by this petition.

(3.) Learned counsel for petitioner submits that in the instant case, apart from lodging of criminal case, disciplinary enquiry was also conducted by the department. In the disciplinary proceedings, petitioner was exonerated having consequence on the criminal case.