ISWAR CHANDRA BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner, who was working as a B.D.O at the relevant time has filed this application under Section 482, Cr.P.C. challenging the order dated 8/4/2002 passed by the learned C.J.M., Sambalpur in Sambalpur Vigilance G.R. Case No. 3 of 1999 (1-99) rejecting the petition dated 27/7/2001 filed by the petitioner to drop the proceeding against him after recalling the order taking cognizance.

(2.) From the averments made in the petition, it appears that the petitioner is one of the accused persons in the aforesaid case which has been registered for commission of offences under Sections 409, 471, 120-B of the Penal Code. After submission of chargesheet for commission of the aforesaid offences against the petitioner and some other accused persons, the learned C.J.M. took cognizance of the aforesaid offences. The case of the petitioner, has stated in the petition, is that he was serving as Block Development Officer, Banarpal Block and the allegation against him is that he in connivance with the Junior Engineer and village level worker of the Block prepared false records in favour of certain beneficiaries showing false payments to them for digging wells on their plots under the million well scheme of the Government and mippopiiatd Gemment money in that process. It is also alleged that the petitioner advised the other two accused persons to show false spot verification and measurement of such work and on the basis of such false reports he has endorsed check measurements and passed the payment orders. According to the petitioner, under the scheme, the V.L.W is supposed to visit the spot and upon his reports the concerned Junior Engineer was required to conduct the measurement and recommend the same to the B.D.O for check measurement and payment. On the basis of such records prepared by the other accused persons, the petitioner having made the endorsements, no offence was committed by him.

(3.) Shri Mishra, the learned counsel appearing for the petitioner challenged the order basically on two grounds which are as follows: