RAMBRIKSHA HAZAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner, Rambriksha Hazam, has preferred this petition under Section 482 of the Code of Criminal Procedure for quashment of the order dated 11.9.2004 including the entire criminal proceedings arising out of Hazaribagh P.S. Case No 449 of 2004 corresponding to G.R. Case No. 2208 of 2004 registered under Sections 409/420/467/468/471/120B of the Indian Penal Coda pending in the court of Chief Judicial Magistrate. Hazaribagh.

(2.) THE prosecution story in brief is that the Deputy Development Commissioner -cum -Chief Executive Officer, Zila Praishad, Hazaribagh presented his written statement before the Officer -in -Charge. Sadar Thana, on 10.9.2004 stating inter alia that the Zila Parishad was selected as Agency by the Deputy Development Commissioner -cum -Chief Executive Officer for construction work of the buildings of Anganbari Centres and offices cum Godowns for Child Development Project Officers. The construction work of 70 Anganbari Kendra, 3 Office cum Godowns for Child Development Project Officer were assigned to Mr. Ram Kumar Singh, Junior Engineer and for that money was advanced through various cheques, total to the tune of Rs. Rs. 98,00,574.00. It was specifically mentioned in the Work Order letter No. 350 dated 31.3.1998 issued by the Deputy Development Commissioner, Hazaribagh that the construction work must be completed by 30th June, 1998 and it was cautioned that strong action would be taken, in the event construction work not being completed within time framed. The said amount was given to Ram Kumar Singh in advance but he did not take any interest in completion of the work within time frame and inspite of specific instruction, from time to time he could not complete the construction work. He even did not submit the certificate in respect of completion of work and inquiry was conducted by an enquiry team constituted by the then Deputy Commissioner and the team reported that only 11 projects were completed whereas 59 projects were yet to be completed. It was further reported by the team that the construction work was not even started in 13 projects and in this manner, Ram Kumar Singh mis -appropriated the public money. It was further reported by the Executive Engineer, Rood Construction Division that Sub -standard materials were, used for the construction work and it were shown to be done in the measurement book (in short M.B) without its being done. It was further detected in course of enquiry that the Junior Engineer made entry about the work done worth Rs. 1,23,181.00/ - in the M.B. whereas work done was detected only for Rs. 70,299.00. Similarly various irregularities and mis -appropriation of public money was detected for which the Junior Engineer was held responsible.

(3.) THE learned Counsel appearing for the petitioner submitted that admittedly the petitioner was posted as Accountant in the office of the Zila Parishad, Engineering Section. Hazaribagh and there was a separate post of Accountant in the establishment of Zila Parishad and on the said post Sri. Baidyanath Prasad Singh, Accountant was functioning. Admittedly, money was advanced to the Executing Agency, Ram Kumar Singh by different cheques duly signed by the Chief Executive Officer -cum -Deputy Development Commissioner, Hazaribagh. The petitioner being the Accountant was in on -way related to the verification of the physical work on the spot rather it was the duty of the District Engineer to assess the construction work at each center and in the process thereof to verify the measurement of work as done by the Engineers. Duty was caste upon to the District Engineer to verify the measurement book with that of the actual work done at the site. The measurement book after being arithmetically checked by the Accountant, used to be sent to the Bill clerk of the Engineering Section to find out the accuracy and after the said verification the measurement book is sent back to the District Engineer Accountant, Engineering Section.