RATAN KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS revision application is directed against the order dated 20.2.2013 passed in Vigilance P.S. case no.68 of 2010 (Special Case no.85 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.) THUS , it has been alleged that teachers in contravention of the Rule of the Government were deputed to do the construction work/supervising the construction work of the building of the schools and they in that course, misappropriated huge amount. The matter was taken for investigation and after completion of the investigation, when charge sheet was submitted, cognizance of the offences punishable under Sections 120B, 406,409, 467, 478, 471 of the Indian Penal Code and also under Section 7/13(2) read with Section 13(1)(d)(c) of the Prevention of Corruption Act was taken. Subsequently, an application was filed under Section 239 of the Code of Criminal Procedure for discharging the petitioner from the case by taking plea that this petitioner, who was posted as District Superintendent of Education -cum -Programme Officer, Sarva Shiksha Abhiyan, Bokaro from 25.2.2003 to 10.11.2004 had simply deputed six teachers, who were having technical diploma/degree in engineering for having training at DIET and thereafter he did not do any act concerning the construction of the building of the school/ supervision of the construction of the building, rather it was the then Deputy Commissioner, who had passed an order for their deputation in different schools to construct building of the school, still the prayer was rejected.