SHRI T V GEORGE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition u/s. 482 Cr. P. C. has been submitted to quash the FIR on the ground that the main accused in this case is K. R. C. Rao, the Executive Engineer who has already expired and, therefore, no action could be taken against the petitioner. It is further submitted that a departmental enquiry has been initiated against the petitioner for which a charge- sheet was issued on 15. 1. 1992 and both the remedies of departmental enquiry and prosecution cannot simultaneously be taken. It is further submitted that the offence does not fall u/s. 13 in as much as the present accused must obtain for himself any benefit and no such allegation has been made.

(2.) THE facts of this case are that an FIR was filed on 15. 12. 1990 by the Superintendent of Police, Anti Corruption Department. According to the said FIR, the illegality which alleged is in respect of construction and payment and in making certain purchase. THE role of the petitioner has been prescribed that he along with another Junior Engineer R. K. Lohne has got the work completed which was sub-standard and has caused loss to the State Government and benefit to the contractor. THE petitioner was working on the post of Asstt. Engineer.

(3.) SINCE the petitioner has not been able to make out a case for invoking the inherent powers of this court under Sec. 482 Cr. P. C, this petition is dismissed. .