C RAMRELA Vs. STATE OF MIZORAM
LAWS(GAU)-2018-11-13
HIGH COURT OF GAUHATI
Decided on November 09,2018

C Ramrela Appellant
VERSUS
STATE OF MIZORAM Respondents

JUDGEMENT

N. Sailo, J. - (1.) Heard Mr. J.C Lalnunsanga, the learned counsel appearing for the petitioner as well as Mr. A.K Rokhum, the learned Addl. Advocate General, Mizoram.
(2.) Considering the grievances projected by the writ petitioner, the writ petition is taken up for disposal with the consent of the learned counsels for the rival parties.
(3.) Brief facts for disposal of the present writ petition may be noticed at the outset. The petitioner, upon being recommended by the Mizoram Public Service Commission (MPSC), was appointed to the post of Sub-Ordinate Agricultural Service-I w.e.f., the date of his joining vide Notification dated 28.08.1995 (Annexure-I). While he was posted in the establishment of the District Horticulture Office at Saiha (now Siaha), a criminal case was registered against the petitioner along with 4 other persons i.e., ACB PS C/No. 10/2012 dated 05.10.2012 under Sections 120B/468/477A of the Indian Penal Code r/w Section 13 (1) (b)/13 (2) of the Prevention of Corruption Act, 1988. The Criminal case was registered on the allegation that there was a misappropriation of Rs. 15,81,222/- by the accused persons including the petitioner for their own pecuniary benefits. Following the completion of the investigation, a charge sheet under aforesaid sections of law was submitted by the prosecution i.e., Charge Sheet No. 2/2015 dated 16.02.2015. However, at the time of the consideration of the charge, the learned Trial Court under the Prevention of Corruption Act, not having found a prima facie case against all the accused persons, including the petitioner, was pleased but discharged them from the liability under the aforesaid sections of law. The order of discharge was passed by the learned Trial Court on 12.11.2015 (Annexure-2).;


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