PURNA CHANDRA DAS Vs. STATE OF ODISHA

JUDGEMENT

(1.) This common order shall dispose of the aforesaid five applications filed under Sec. 482 of the Cr.P.,C. seeking exercise of inherent jurisdiction of this court assailing the judgment dated 03.07.2018 and the order of the said date passed by the learned First Additional Sessions Judge-cum-Special Judge, Vigilance, Bhubaneswar in T.R. Case No. 62 of 2012.

(2.) All the five petitioners along with another co-accused faced trial in the aforesaid case for the offences punishable under Sec. 13(2) read with section 13 (1) (d) of the Prevention of Corruption Act, 1988 and under Sections 420/120-B of the Indian penal Code.

(3.) The allegation made by the prosecution in brief, was that the present applicants, excepting Sri. Ashis Kumar Nayak, were officials of Orissa Rural Housing Development Corporation (in short, 'ORHDC'). During the year 2000-2001 a financial assistance of Rs. 2.5 crore was made available to HUDCO for establishing twenty building centres in coastal area of the State and the matter was entrusted to ORHDC to prepare a plan of action. One of such building was proposed to be constructed a Balipatna. One N.G.O. in the name of GRAMYA BIKAS MANCHA, of which the petitioner Asish Kumar Nayak was the Secretary, was recommended by the Collector, Cuttack to the Managing Director, ORHDC for being entrusted to construct the building centre. It was alleged that without completion of formalities and allotment of land in favour of the N.G.O. the work was executed and all the accused persons allegedly conspired to release the funds in favour of the said N.G.O. ignoring rules, regulations circulars and guidelines applicable for disbursement and use of such financial assistance. The matter was taken up by the Vigilance and it was found out that the amount of Rs. 22,32,510.00 was released in favour of the N.G.O. on the basis of fabricated documents thereby causing severe loss to the State Exchequer.