- (1.) This writ application has been filed for quashing of the charge sheet submitted by the C.B.I against the petitioner under Sections 120B, 409 and 420 of the Indian Penal Code as well as under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act in R.C case No. 06(A) of 2008-AHD-R and also for quashing of the order dated 17.12.2009 under which cognizance of the offences under Sections 120B, 409 and 420 of the Indian Penal Code as also under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act has been taken against the petitioner.
(2.) The facts leading to filing of this case are that the petitioner initially joined in the year 1976 as Upper Division Clerk at National Institute of Foundry and Forge Technology, Ranchi (in short NIFFT). In course of time, the petitioner in the year 2004 was promoted to the post of Assistant Registrar (Group A category). While the petitioner was holding such post, one firm, namely, M/s. Singh Security and Detective Services was engaged in the year 2005-06 for providing security to the properties of the NIFFT.
(3.) It is the case of the petitioner that when terms of the said security agency got expired, the petitioner forwarded a note before the Director, NIFFT, requesting therein to pass order either for continuation of the said security agency or for engagement of other agency, upon which Director, NIFFT, took a decision to go for another security agency and for selecting the security agency, a committee was constituted to which the petitioner was a Convener. The committee on taking resolution made request to the Director General of Re-settlement, Ministry of Defence to provide list of sponsors and also sought necessary information with respect to terms and conditions for the engagement of a security agency. By responding to the said request, Director General of Re-settlement sent the name of three security agencies. On being noticed, only two of them submitted their quotations. The committee after scrutinizing the quotations submitted by them and after having negotiation, made recommendation on 11.10.2006 for engagement of one M/s. Lions? Security Agency for providing security to the properties of NIFFT which was approved by the Director, NIFFT and only then, work order was issued to M/s. Lions? Security Agency on 11.10.2006 for three months. After expiry of that period, terms of the said security agency was extended for one year under an agreement arrived at in between the parties on 14.8.2007.;