J.P.Das, J. - (1.)The petitioner in this application assails the order dated 13.06.2017 passed by the learned Special Judge, Vigilance, Keonjhar in V.G.R. Case No.05 of 2013 arising out of Balasore P.S. Case No.30 of 2013 framing charges against the petitioner for the offences punishable under Section 13 (2) read with Section 13(1(c)(d) of the Prevention of Corruption Act, 1988 and Sections 409/379/420/468/411/120-B of the Indian Penal Code with the submissions that there being absolutely no material on record placed on behalf of the prosecution against the petitioner to make out a prima-facie case for the alleged offences, the learned trial court has erroneously framed the charges without application of judicial mind.
(2.)The factual backdrop of the case is that on an application made by one Bijaya Kishore Mohanty for mining lease of iron ore, manganese and other minerals, it was granted in his favour by the Government of Odisha, Mining and Geology Department vide proceedings dated 07.01.1982 over an area of 56.94 hectres or 140.70 acres in village Uliburu under Barbil Tahasil of Keonjhar district for a period of twenty years. The Lease Deed was executed on 13.12.1983 with validity till 12.12.2003. Surface right over an area of 69.78 acres was obtained from the Collector, Keonjhar and possession thereof was delivered to the lessee Sri B.K. Mohanty on 27.02.1984. Sri B.K.Mohanty made an application in the year 1999 to the Government of Odisha to surrender his mining lease due to depletion of saleable grade ores. Again Sri Mohanty filed an application on 14.05.2002 to withdraw his such earlier surrender application. As the same was not accepted, Sri Mohanty again filed an application for surrender on 25.03.2003. Thereafter, Sri Mohanty filed another application before the Collector, Keonjhar for renewal of his mining lease on 03.12.2003 which was forwarded by the Collector to the Deputy Director of Mines, Joda, D.F.O, Keonjhar and Tahsildar, Barbil in his letter dated 05.01.2004 for furnishing their enquiry reports. Pending granting of renewal of mining lease, said Sri B.K.Mohanty executed a registered Power of Attorney on 29.12.2003 for mining and trading minerals of his mines in favour of M/s Sneha Puspa Marketing Private Limited duly represented through its Director Sri Deepak Gupta.
(3.)In response to the letter of Collector, Keonjhar a report was submitted by Tahasildar, Barbil on 27.09.2007 that the area for which lease had been applied, included 11 acres of forest land besides private land and government land. It is the specific allegation of the prosecution that the present petitioner who was working as Assistant Conservator of Forest, Keonjhar, sent a letter from the office of D.F.O under his signature on 23.02.2008 that the area for which mining lease has been applied for consists of 11 acres of forest land and it attracts the provision of Forest Conservation Act,1980. Hence, prior approval of the Government of India would be required for granting of the lease.