ARUN KUMAR @ KUMAR ARUN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) INITIALLY this application was filed for quashing of the order dated 5th March, 2011 passed in Vigilance P.S. Case No.68 of 2010 (Special Case No.85 of 2010) whereunder cognizance of the offence punishable under Sections 403, 406, 409, 120B, 467, 468, 471 and 109 of the Indian Penal Code and also under Section 7/13 (2) read with Section 13(1) (c)(d) of the Prevention of Corruption Act had been taken against the petitioner. Subsequently, when the prayer for discharge was rejected vide order dated 5.9.2012, that order was also challenged along with the order under which charges has been framed.

(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 up for investigation and after completion of the investigation, when the charge sheet was submitted, cognizance of the offences punishable under Sections 120B, 406,409, 467, 478, 471 & 109 of the Indian Penal Code and also under Section 7/13(2) read with Section 13(1)(c) (d) of the Prevention of Corruption Act was taken.