ALAKHDEO PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has filed the instant writ application for issuance of appropriate writ,order or direction particularly in the nature of certiorari for quashing the entire criminal proceedings initiated against the petitioner in connection with Ranchi Vigilance Case no.19/2009(Special Case no.24/2009) dated 29.10.2009 for the offence under Sections 420,467,468,471 and 477A of the Indian Penal Code and Section 13(2) read with Section 13(1) (d) of the Prevention of Corruption Act which is pending in the court of Sri B.K.Khan, Additional Judicial Commissioner-cum Special Judge(Vigilance), Ranchi.

(2.) Mr. B.M.Tripathy, counsel for the petitioner has submitted that on 24.02.2004 the Dy. Superintendent of Police(Vigilance), Ranchi has submitted an application before the Officer incharge, Vigilance P.S. Ranchi for proceeding against the petitioner and other persons for the offence under Sections 420,467,468,471 and 477A and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act. The aforesaid report has been submitted by the Dy. Superintendent of Police, Vigilance, Ranchi after making an inquiry upon the complaint given by Dr. Anjana Karketta and Dr. Pranya Mohan Sinha in Vigilance(Ranchi) P.S. Case no.10/2003. In the said complaint it has been alleged that some irregularities have been committed during the course of appointment of the doctors and para 2. medical officers in the district of Hazaribagh and it was requested for cancellation of the said appointment and for making inquiry into the matter. During the course of enquiry, it has come against the petitioner that during the course of appointment all the members of the Selection Committee and the members of the Screening Committee have prepared the chart in respect of the selection of the candidates according to the direction given by the petitioner.

(3.) The counsel for the petitioner has contended that except the aforesaid allegation, there is no specific allegation against the petitioner with respect to the commission of the alleged offence. He has further submitted that the present F.I.R has been instituted with some ulterior motive and to give political advantage at the present situation at the instance of some of the political parties. It is also contended that the present F.I.R is absolutely belated one as the case has been instituted on 29.10.2009 and the alleged occurrence has been taken place as far back as in the year 2003. His further contention is that preliminary enquiry was completed in the year 2004 particularly on 24.02.2004 but the same has been kept in abeyance for more than five years and the present F.I.R has been lodged on 29.10.2009. The petitioner was posted as Deputy Commissioner, Hazaribagh in October, 2003 and he was transferred from the said post in February, 2004 and thereafter, the petitioner superannuated from his service in January, 2005. Mr. Tripathy has further contended that on 30.10.2003 an employment notice was published for recruitment of doctors and paramedical officers in the State of Jharkhand including the district of Hazaribagh. The appointment was to be made on contractual basis for a period of two years. The process of appointment was started on 30.10.2003. Thereafter, a Selection Committee was constituted in pursuance of letter no.336(4) dated 06.11.2003 issued by the Secretary, Department of Health and Family Welfare, Jharkhand, Ranchi under the Chairmanship of the Deputy Commissioner. The Selection Committee consists of six officers including the Deputy Commissioner and the Member Secretary of the Selection Committee was Civil Surgeon-cum-Chief Medical Officer, Hazaribagh and other members of the Selection Committee were Additional Chief Medical Officer and one representative of the Indian Medical Association. The process of selection was to be made on the basis of WalkinInterview which was to be conducted from 10th November, 2003 to 12.11.2003. In the advertisement of 13.10.2003, for appointment of the doctors and paramedical officers in the district of Hazaribagh, about 1200 candidates have filled up their application forms. The entire selection process had to be completed and the appointment letters were to be issued to the selected candidates before 15th November, 2003 as all the appointment letters were to be distributed to the selected candidates on the establishment day of Jharkhand i.e. on 15th November ,2003 at Ranchi. It is further stated that as per the direction given by the State Government since there was no specific procedure prescribed with respect to the selection and it was only to be based upon WalkInInterview, therefore, the candidates who were interested to join in the rural areas were to be given preference and the said instruction was given to all the Selection Committees in the State of Jharkhand.