RAJENDRA PANDEY Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) The Petitioner has invoked the inherent power of this Court for quashment of his entire criminal proceeding and the First Information Report (FIR) with respect to Khunti P.S. Case No. 83/2006, corresponding to G.R. No. 412/2006 for the alleged offence under Sections 409, 420 and 120(B) of the Indian Penal Code, pending before the Additional Chief Judicial Magistrate, Khunti.

(2.) Prosecution story in short was that Shri Shatrughan Pathak, the Deputy Director, Welfare, South Chotanagpur Division, Ranchi, presented a written report before the officer-in-charge of Khunti police station narrating therein that the Tribal Welfare Commissioner, Ranchi conducted spot inspection on 31.1.2006 of the various projects being Project Nos. 15/2005-06, 10/2005-06, 8/2005-06, 7/2005-06, 6/2005-06 and 1/2005-06 under Khunti MESO Area and reported that the agent of the projects Shri Rajendra Pandey, Junior Engineer, MESO Area, Khunti i.e. the Petitioner herein, had withdrawn advance of Rs. 7500/- in each of the projects on 5.4.2005 and without doing measurement of the work done, again withdrew the second instalment of Rs. 60,000/-, Rs. 70,000/- and Rs. 80,000/- in one or other projects. It was further alleged in the written report that as per inquiry report, about Rs. 30,000/- to Rs. 40,000/- were embezzled in each of the six projects, referred to above and accordingly, under the instruction of the Secretary, Welfare Department, Government of Jharkhand, FIR was directed to be lodged against the Petitioner Rajendra Pandey, Junior Engineer for legal action.

(3.) Learned senior counsel Mr. P.P.N. Roy, at the outset, submitted that for the same charge, a departmental proceeding was initiated against the Petitioner and after inquiry, a report was submitted to the Government and the Government after having been satisfied with the report of the inquiry officer, exonerated the Petitioner from all the charges, which were levelled against him by the order dated 17.3.2008 with the copy of the said order forwarded to the Petitioner vide memo No. 722 dated 17.3.2008 (Annexure-2) on the basis of which he was promoted to the post of Assistant Engineer, Irrigation Department, Government of Jharkhand, Ranchi.