SURESH MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing the order dated 16.12.1999 passed by learned Sub-Divisional Judicial Magistrate, Seraikella in Ichagarh P.S. Case No. 26 of 1995 corresponding to G.R. No. 295 of 1995, whereby application of petitioner filed under Section 239 of the Cr. P.C. for discharge has been rejected and petitioner was directed to remain physically present in the court for framing of charge. It is alleged that petitioner (Suresh Mishra) passed award in favour of Prabhat Kumar Adityadeo and Pratap Kumar Adityadeo with respect to a government pond situated on a land pertaining to Khata No. 213 plot No. 452. It is stated that said plot recorded in the record of rights as gair-mazarua-aam. It is further alleged that on the basis of award passed by petitioner aforesaid two co-accused received Rs. 17,64,047.18/- Paisa as compensation.

(2.) It is submitted by Sri K. M. Verma, learned counsel for the petitioner, that for the same charge a departmental enquiry also initiated against petitioner (Suresh Mishra) and Commissioner South Chhotanagpur Division Ranchi appointed enquiry officer. It is submitted that enquiry officer submitted his enquiry report and he exonerated petitioner from the charges levelled against him. It is submitted that their Lordships of Supreme Court in P.S. Rajya Versus State of Bihar, 1996 9 SCC 1has held that if a public servant is exonerated in a departmental proceeding in respect of certain charge, he cannot be prosecuted in criminal court in respect of same charge. Accordingly, it is submitted that petitioner is entitled to be discharged by criminal court.

(3.) On the other hand Shree Prakash Jha, learned Additional PP, submits that from perusal of Annexure-3 it is clear that Commissioner, South Chhotanagpur, Division Ranchi only made recommendation that petitioner could be exonerated from the charges levelled against him. It is submitted that no final order passed by the State Government by which aforesaid recommendation accepted by it and petitioner exonerated from the charges levelled against him. Thus, aforesaid decision of the Hon'ble Supreme Court will not apply in this case.