NILENDRA KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By the Court:- Heard the parties through video conferencing.

(2.) This petition has been filed invoking the jurisdiction of the Court under Article 226 of the Constitution of India with a prayer to quash the F.I.R. bearing Peshrar P.S. Case No.03 of 2020 registered for the offence punishable under Ss. 7, 11 and 13 of Prevention of Corruption Act, 1988 and further proceedings consequent thereof.

(3.) Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner while being posted as Block Programming Officer, MANREGA at Block- Peshrar has received bribe of Rs.1,40,000.00 from the supplier in respect of the work relating to construction of well under the MANREGA Scheme. It is further alleged that the petitioner demanded commission against the supply of articles relating to construction of irrigation well and the said bribe amount was paid through banking transaction vide a cheque deposited in the account of the petitioner. It is submitted that the allegation against the petitioner is false. It is further submitted that the petitioner, after joining as Block Programming Officer, MANREGA at Peshrar Block issued direction to all the Mukhiyas and related officials of Panchayat of Peshrar not to make payment of the bills to suppliers/ vendors without physical verification of the materials supplied by them. As the suppliers/ vendors were not pleased with the aforesaid strong action of the petitioner, hence, after hatching a conspiracy with the help of In-charge of the Establishment Sec. , MANREGA, Lohardaga, one of the suppliers namely Kamal Sahu was made instrumental to implicate the petitioner in a false case of bribery and accordingly, this case has been registered.