AKHILESH SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Petitioner Akhilesh Sharma has filed this application under Article 226 of the Constitution of India for issuance of an appropriate writ / order / direction for quashing the entire criminal proceeding including the F. I, R. and investigation to connection with Chaibasa Sadar PS Case No, 35 of 1995 (GRNo. 231/95) Including the order dated 20-1-2003 passed by learned Judicial Magistrate, Chaibasa and also for quashing the order dated 7-3-2002 where by the cognizance of the offence has been taken against the petitioner.

(2.) The prosecution case has been initiated on the written information of Gandhi Bhagat (Respondent No. 2) that under Jawahar Rojgar Yojna. Deputy Commissioner. West Singhbhum, Chaibasa had sanctioned Rs.70,60,883.50 to Divisional Forest Officer. Social Forestry Division for plantation of plants on both sides outside Chaibasa Municipality and also on both sides of canal embankment and the scheme was to be completed by 31st March, 1995. Local press reporter Amarendra Kumar Gyani pointed out some Irregularities in execution of the scheme in the meeting of District Programme Implementation Committee held on 14-11-1994 at Chaibasa. An enquiry committee was set up by the D. C. Chaibasa which submitted its report that in between September 1994 and April, 1995, work of the scheme was not yet completed. The work was not carried out as per specification. There was shortfall of 10 1/2 km. in brushwood fencing and 13500 plants in Sapling plantation on four different roadsides and barbed wire fencing had not been done. Out of 4000 gabions, 444 gabions were not constructed and at places 475 gabions were found to be broken. Against the sanctioned amount of Rs.70,60,883.50, the photocopies of 275 vouchers for the amount of Rs.45,22,355.20 had been submitted by the D. F. O. On being demanded by the A. D. C. West Singhbhum, vouchers for the rest amount was not submitted and the vouchers submitted appeared to be fake as they were neither countersigned by the competent authority nor entered in the cash book. In the FIR, it was alleged that the petitioner in connivance with the Range Officer, misappropriated and defalcated (sic) petitioner at the time In the year 1992 to 1995 was posted as D.F.O. Social Forestry Division, Chaibasa. The enquiry committee found that the reports of the D.F. O. in respect of completed work, were conflicting to each other.

(3.) Learned counsel for the petitioner has submitted that in course of inquiry, this petitioner was never given any opportunity to explain. The inquiry was one sided. It was further submitted that out of the total amount of Rs. 70, 60, 883.59, an amount of Rs.60,09,756.50 was advanced to the concerned Range Officer in phases by tiiss petitioner. The rest amount of Rs. 4, 51, 127.00 is still lying in the name of D. F, O. Forestry Division, Chaibasa in the current account No. 859 in the Chaibasa branch of Canara Bank.,Out of the advanced amount, the Range Officer submitted vouchers worth Rs. 63,80,771.00 which were forwarded by this petitioner to the A. C, F., Forestry Division. Chaibasa. After primary scrutiny, vouchers worth Rs. 18.58.370/- were found to be Incomplete. Hence they were returned to the Range Officer by this petitioner for making missing entries. The rest vouchers of Rs.45,22,340/- are lying with the ACF for verification and counter-signature. In spite of reminders of this petitioner the ACF did not produce those vouchers for verification and counter-signature which caused delay in entering in the Divisional Cash Book. The (sic) was lodged hurriedly without any proper inquiry based on surmises & conjectures having no iota of truth. It was submitted that cognizance against this petitioner has been taken without sanction from the competent authority. The petition filed for discharge was erroneously rejected by the learned CJM on 20-1-2003. The CJM by his order dated 4-12-2001 ordered to keep the matter of cognizance in abeyance till Sanction of prosecution was obtained, but for the reasons best known to him, he reviewed his order dated 4-12-2001, On thesis grounds, it was prayed to pass appropriate order/direction for quashing the entire criminal proceeding including the F; I. R. and the Investigation in connection with Sadar PS Case No. 35 of 1995.