VINAY KUMAR PANDEY Vs. STATE OF JHAKHAND

JUDGEMENT

(1.) This application is directed against the order dated 20.3.2013 passed by Special Judge, Vigilance, Ranchi in Vigilance P.S case no.15 of 2009 whereby and whereunder a complaint lodged by opposite party no.3 was sent under Section 156(3) of the Code of Criminal Procedure before the Vigilance Bureau for institution of the case and its investigation.

(2.) Before adverting to the submissions advanced on behalf of the parties, the case which has been made out in the complaint is that in the year 2007-08 an advertisement was published in the daily newspaper The Hindustan calling for the applications from the eligible candidates for appointment on the post of Ayurvedic Medical Officer.

(3.) Subsequently, a Selection Board was constituted to which the complainant was the Chairman. Applications received were scrutinized and then admit cards were issued to the candidates for interview before the Selection Board. While the process was going on, the petitioner, who at the relevant point of time was Superintendent of Police, Vigilance, asked the complainant through his Constable to appoint his brother, namely, Dhirendra Kumar Pandey as Ayurvedic Medical officer to which the complainant denied by saying that whatever would be done, it would be done through the process of appointment. In spite of that, the petitioner went on insisting to appoint him to which complainant flatly denied. At last he extended threat. Thereupon, a complaint was made before the Director General of Police, Vigilance on15.8.2008. When the result of successful candidates was published, this petitioner and his brother came to the office and offered Rs.2,00,000/- for giving appointment to accused no.2 by taking a plea that appointments have been made by taking bribe. This was denied and it was conveyed to them that nothing could be done and that nothing wrong has been done by him. Thereupon, both the persons by extending threat to teach him lesson at an opportune moment left office.