KHAGENDRA KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This revision application is directed against the order dated 5.9.2012 passed by Special Judge, Vigilance, Ranchi in Special Case no.85 of 2010 (arising out of Vigilance case no.68 of 2010) whereby and whereunder prayer made by the petitioner for his discharge from the case was rejected.

(2.) It appears that in compliance of the order passed by this Court in W.P(PIL) No.1530 of 2009, a preliminary enquiry was conducted by the Vigilance Department wherein it was found that in spite of Junior Engineers of Building Division being available, Assistant Teachers, who were having diploma/degree were deputed to supervise and to construct building of primary schools and other schools situated in different blocks of Bokaro district under the sponsored programme of the Government. They in course of constructing/supervising of construction work of the building of the schools indulged themselves in corrupt practices and thereby they put the Government to heavy loss.

(3.) On the basis of preliminary enquiry, FIR was lodged wherein it was alleged that in the meeting of Reflection-cum-Planning held at Ranchi, a decision was taken on the plea of dearth of Junior Engineers to impart training to the teachers having diploma in engineering so that they may be entrusted with the job of construction/supervision of the building of the schools. Pursuant to that decision, the then District Superintendent of Education-cum-Project Officer, Sarva Shiksha Abhiyan, Bokaro deputed six teachers for having training at the District Institute of Education and Training (DIET), Ratu, Ranchi, vide its letter dated5.5.2004. After they received training at DIET, the then Deputy Commissioner-cum-Chairman, Sarva Shiksha Abhiyan, Bokaro deputed them in different blocks for supervising the work of construction of the building of new primary schools and upgraded schools, vide its letter as contained in memo no.998 dated 1.12.2004. By the said order Ashok Kumar Bharti was deputed in Gomia block. Subsequently, the then Regional Deputy Director, Education, North Chota Nagpur, Hazaribagh vide its letter dated 7.2.2005 entrusted Ashok Kumar Bharti to take up the work of the construction of the building of the schools situated in Chandankiyari block. When the then Minister concerned came to know about the fact that from the teachers of the schools work which was supposed to be done by the engineer is being taken, he immediately passed an order for stopping that practice. Pursuant to that, the teachers were relieved from the construction work of the school. However, the petitioner, the then Regional Deputy Director, Hazaribagh, vide its letter dated 17.9.2007 entrusted Ashok Kumar Bharti with the construction work of the building of the schools situated in Petarwar block and also of the building of Kasturba Gandhi Residential School.