AMRESHWAR PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the learned counsel for the petitioners and learned counsel for the Vigilance.

(2.) SINCE , both the bail applications arising out of the same case i.e. Vigilance Case No. 15 of 2009 corresponding to Special Case No. 19 of 2009, now pending in the court of Special Judge, Vigilance-Ranchi, hence both the cases are heard together and being disposed of with common order.

(3.) THE allegation against the petitioner No. 1, Dr. Amreshwar Prasad is that he being the Chairman of the selection committee for appointment of Ayush Medical Officer and, another accused Dr. Joytish Chandra Singh demanded Rs. 3 lakhs from the informant, Dr. Harsh Deo Gupta, one of the candidate, after his interview having Roll No. 146. After negotiation and request the amount was reduced to Rs. 2,50,000/- and on 21-7-2008 at about 8 a.m. Informant received call on his mobile from Dr. Jyotish to contact him at 2 p.m. with the entire money at the place mentioned by him, failing which the selection will not be done. Other candidates namely Md. Rizwan having roll No. 106 also made the complaint that he was also interviewed for Yunani Medical Officer at Sadar Hospital, Ranchi under the chairmanship of the petitioner No.1, Dr. Amreshwar Prasad and from him also Rs. 3 lakhs was demanded as illegal gratification through petitioner No. 2, Kishore Prasad and on 18-5-2008 the said Kishore Prasad gave a call from his mobile No. 9431996413 and after negotiation the amount was reduced to Rs. 2 lakhs. During inquiry it was also found that appointments were made by accepting illegal gratification from other candidates namely Mukesh Chandra Kishore, roll No. 179, selected for Homeopathic Medical Officer and the said Mukesh transferred Rs. 45,000/- on 21-4-2008 and Rs. 49,999/- on 12-5-2008 in the Sb A/C No. 2009938095 of Dr. Jyotish Ch. Singh at S.B.I. Main Branch, Kuthcery Road, Ranchi. In course of inquiry the said matter was verified by the Vigilance Department and found that in fact the said amount has been transferred and it transpired that in the said account of Dr. Jyotish Ch. Singh money has been transferred in the month of May-June-July from different places like Chandrapura, Jamalpur, Begusarai and Ranchi and it appears after investigation, charge-sheet has now been submitted against both petitioners.