MADAN LAL VIJAYVERGIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PETITIONER Madan Lal Vijayvergia filed S.B. Cr. Revision Petition No. 56 of 2004 and Prabhudayal Kumawat filed S.B. Criminal Revision Petition No. 1287 of 2003 against the order dated August 23, 2003 of Special Judge Sessions Court (Anti Corruption Cases), Jaipur in Cr. Case No. 24 of 1997 for framing charge under Sections 420, 468, 471/120 -B and Section 13(1)(d) (2) of the Prevention of Corruption Act read with Section 109 IPC against them and the State of Rajasthan filed S.B. Criminal Revision Petition No. 0963 of 2003 for framing charge for Sections 420,468, 471/120 -B and Section 13(1)(d)(2) of the Prevention of Corruption Act, against the accused non -petitioners. Since in all these revision petitions common order dated August 23, 2003 of the trial court court has been challenged, all these revision petitions are disposed by this common order.

(2.) BRIEF facts of the case are that an FIR was lodged by Addl. S.P. (Anti -corruption Bureau), Jaipur, that Govt. Sr. Hr. Secondary School, Hasteda Jaipur is a Project Organiser of "Sikho Kamao Yojna" and registered as an "industry" for manufacturing of furniture and chalk. On January 23, 1989 Head Master of the School wrote a letter to the Chief Accounts Officer Primary and Secondary Education Bikaner that no tender is required for preparing furniture and they are in position to deliver furniture of Rs. 20 -22 lacs so order be given. No details were given that which type of furniture is ready for delivery. Babulal Modi, AAO of the Directorate on the basis of letter of Head Master Ganga Lehari submitted the proposal on Feb. 24, 1989 for purchasing furniture of Rs. 12,90,415/ - before the Chief Accounts officer, V.S. Ranawat, who accepted this proposal and on Feb. 27,1989 he submitted the file to the Director. Director sanctioned the proposal of the furniture on Feb. 27, 1989. AAO prepared the order for purchasing furniture of Rs. 12,90,415 on Feb. 24, 1989 and on that date issued sanction while the Director signed on the sanction on Feb. 27, 1989. On the basis of the letter dated Feb. 24, 1989, two orders were given on Feb. 28, 1989 for is. 17, 32,500 and 18,95,400. In the letter dated January 23, 1989 Head Master only mentioned that they are in position to supply the furniture of Rs. 20 -22 lacs, while the Accounts officers of the directorate given the order for supply of furniture of Rs. 73,25,470/ -. In the letter dated Feb. 28, 1989 condition was put that when the seller will submit the R.R. or transport receipt then 90% of the bill cost of the furniture will be paid. In the light of this condition Ganga Lahari prepared the bill of Transport Company on the printed school bill form and without verifying by any Transport Company submitted before the Directorate for payment. On the basis of this forged transport bill Accountant, Badri Das Kirad, passed the bill and Meghraj Acharya withdrawn this amount from the Bank. Mahesh Behari Lal and Indra Chand Mangal verified these forged bills and thus amount of Rs. 73,25,740 was paid to the Head Master Ganga Lahari and "financial loss was given to the Govt. After investigation the police filed challan against 8 accused persons. Accused Harinarain Gupta died. The trial court framed charge against the accused Gangalahari, Prabhudayal Kumawat, Mahesh Mathur and Madan Lal Vijayvergiya under Sections 420, 468, 471 read with Section 120 -B and Section 13(1)(d)(2) Prevention of Corruption Act, 1988 read with Section 109 IPC. Charge was framed against accused persons Virendra Singh Ranawat and Meghraj Acharya under Sections 13(1) (d) (2) of Prevention of Corruption Act and they have been discharged for offences under Sections 420, 468, 471 read with Section 120 -B IPC. No charge was framed against accused Kajod Mal Gurjar and Kailash Agarawal and they have been discharged for all offences. Against this order above three revision petitions have been preferred.

(3.) THE learned Counsel for the petitioner Prabhudayal Kumawat submitted that in the fir name of the petitioner Prabhudayal was not mentioned. He was working as Teacher in the School during the relevant time. He has now attained the age of superannuation and he is not in government service. There has been no finding against him in the detailed preliminary enquiry conducted by Shri Krishan Gopal Beejawat, Addl. Director, Primary and Secondary Education, Bikaner. The report was submitted on July 5, 1990 and those who were found guilty, report was lodged against them and the name of the petitioner was not included in the same. The learned Counsel submitted that the court below in mechanical manner has included the present petitioner. The entire conspiracy was brain child of the then Head Master Ganga Lahari Meena and he had constituted a committee of 5 persons to deal with the scheme. The petitioner was no where connected with the affairs of the committee and ye he has been made accused by framing charge against him.