G.K.SHARMA,J. - (1.) THIS petition Under Section 482, Cr.Pc is directed against the order dated 12th May, 1989, by which, the Special Judge, ACD Cases, Jodhpur, bas framed charges against the petitioner Under Sections 420, 457, 468, 471/120B, IPC and Under Section 5(l)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947 (for short, 'the Act').
(2.) DURING famine relief operations, some gravel roads were constructed in Banner District. The present case relates to the construction of the gravel road from Setraw to Bhunia Zone (I), 10.0 Kms. to 29.10 Kms. The construction of this road was sanctioned by the State Government. Tenders were invited from the registered contractors, by the Superintending Engineer, Jodhpur, and the tender was passed in favour of one Doshi, his being the lowest quotation. During the relevant period, Bhagwan Singh Bhati was the Overseer; Umakant Awasthi was the A.En. and the petitioner was the Executive Engineer (Ex.En). The contractor submitted his first running -bill, which was paid on 31st July, 1982. This bill was prepared by the Overseer and checked by the A.En., which was ultimately, sanctioned by the Ex En., who was authorized to do so. The payment of the bill was drawn on 16th August, 1982, and this payment was subject to adjustment at the final stage, as per Clause 7 of the agreement which was entered into by the State Government and the contractor. Later on, the famine operations were closed on 31st July, 1982, and the work remained incomplete. The petitioner was then transferred on 31st August, 1982, and was orderd to await his posting order. Then, he was transferred to Bikaner. No explanation was called from the petitioner prior to getting sanction to prosecute him. The petitioner was then suspended on 11th September, 1986.
(3.) THE allegation against the petitioner is that Bhagwan Singh, who used to maintain the measurements, had prepared the bill: the A.En. Umakant Awasthi had checked the bill; but, the petitioner, without checking it properly countersigned the bill and sanctioned it. So, he was charge -sheeted Under Section 120B, for conspiring in giving advantage to the contractor and putting the Government to loss. Before filing of the challan, the State Government was moved to accord sanction for the prosecution of the petitioner, and the same was granted on 18th January, 1986. The petitioner was then challaned; and after hearing both the parties, the trial court framed charges against the petitioner, as mentioned in the impugned order.;